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Noncitizens accused of illegal US voting challenge Trump's authority to prosecute them
Several defendants say the Constitution bars their prosecutions, testing a Trump-backed effort to punish noncitizen voting as federal cases move forward.
Individuals charged with illegal voting are challenging national prosecutions in Delaware, utilizing a novel strategy to seek case dismissals as President Donald Trump cracks down on voting issues.
Defendants argue that the statute used to charge them is invalid, asserting that the right to determine voter qualifications is reserved for states rather than for the national government.
Federal authorities contend that the legislative body has the authority to prosecute these violations, which carry penalties of up to a year in prison or fines under the law.
A ruling for the defendants, potentially arriving before the midterm elections, could raise questions about current legal frameworks and laws targeting noncitizen participation.
The Republican party has prioritized election integrity, passing laws to secure the electoral process against what is described as "widespread" repeat voting.