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US judge finds law criminalizing noncitizen voting unconstitutional

The ruling could affect about 45 pending cases as judges weigh whether Congress can criminalize noncitizen voting, Reuters reported.

  • On Thursday, U.S. District Judge David Leibowitz ruled the 1996 law criminalizing noncitizen voting unconstitutional, dismissing a federal case against a Florida resident and dealing a blow to the Trump administration's enforcement efforts.
  • The decision applies solely to Chelsea Cox, a Jamaican national charged in October 2025 with illegally voting in the 2020 election after allegedly using a fraudulent birth certificate to register to vote.
  • President Donald Trump's administration has charged at least 60 people with noncitizen voting since January 2025, aiming to highlight alleged election fraud ahead of November's midterm elections.
  • Cox's attorney Bruce Udolf welcomed the ruling, stating, "This is a situation that cries out for discretion by government officials and they'd be well-advised to walk away from this without further reprisal against her."
  • While not binding for other judges, the ruling could prove persuasive for roughly 45 pending noncitizen voting cases nationwide, though the Justice Department has not signaled its next steps.
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Federal judge in Miami strikes down congressional ban on noncitizen voting

MIAMI — A federal judge in Miami has struck down a decades-old federal law barring people who are U.S. citizens from voting in federal elections, ruling that Congress overstepped its constitutional authority by imposing a voter qualification that belongs to…

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Reuters broke the news in London, United Kingdom on Thursday, October 1, 2026.
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