Court Dismisses Case Against Noncitizen Voting, Citing Unconstitutional Law

In a recent legal development, a federal case against a Jamaican national accused of illegally voting in U.S. elections was dismissed. U.S. District Judge David S. Leibowitz ruled that the law under which Chelsea Cox was charged is unconstitutional. The decision, made in Miami, may impact the Trump administration’s efforts to prosecute noncitizens for voting violations.

Cox was charged in October 2025 with a misdemeanor for voting illegally in the 2020 election. Judge Leibowitz’s 31-page order declared that the federal law prohibiting non-U.S. citizens from voting in federal elections, specifically 18 U.S.C. § 611, violates the Constitution. According to Leibowitz, only states hold the authority to determine voter qualifications, not Congress.

“Under the U.S. Constitution, states, not Congress, set voter qualifications,” Leibowitz explained in his ruling.

The ruling is specific to Cox’s case and marks the first time a court has ruled this statute unconstitutional. The decision could challenge the Justice Department’s pursuit of noncitizen voting cases, a practice reportedly rare but claimed by President Trump to be widespread, despite the lack of evidence.

The Justice Department responded swiftly by seeking an appeal. However, a representative for the department was unavailable for immediate comment on the matter. Importantly, the dismissed law pertains to voting by noncitizens but does not affect laws against false claims of citizenship for voting, another avenue for federal prosecution.

Judge Leibowitz highlighted the unusual nature of the criminal case, built on the forty-year-old federal statute barring noncitizen voting. He questioned Congress’s constitutional authority to enact such a statute.

“This case examines whether Congress had constitutional authority to enact 18 U.S.C. § 611,” Leibowitz wrote.

He criticized the Justice Department’s defense of the statute as weak.

“The Government’s weak defense stems from a poor interpretation of Supreme Court precedent,” Leibowitz stated.

Cox’s lawyer, Bruce Udolf, expressed relief over the judge’s ruling, especially as Cox recently underwent medical treatment. Udolf is coordinating with government officials on the next steps, including potential deportation proceedings initiated by the Trump administration.

Federal prosecutors previously accused Cox of overstaying her U.S. tourist visa and using false documents, like a U.S. Virgin Islands birth certificate, to obtain a Florida driver’s license. They alleged she voted in several federal elections since 2012, leading to charges from her 2020 vote.

Cox’s attorney filed for dismissal earlier in the year. They argued that the applied law oversteps congressional authority by infringing on states’ rights.

The Justice Department countered, asserting federal oversight over election procedures, including noncitizen exclusion, falls within the government’s rights.

To bolster his decision, Judge Leibowitz recruited Paul Clement, a former solicitor general and revered Supreme Court litigator, to provide insight. Clement supported the view that Congress exceeded constitutional limits with §611, acknowledging some historical precedent for states permitting noncitizen voting.

“Voter qualifications, historically and constitutionally, are determined by states,” Clement wrote.