Judge Rules Federal Ban on Noncitizen Voting Unconstitutional in Miami Case

A federal judge in Miami has dismissed a criminal case against Chelsea Cox, a Jamaican national charged with illegally voting in federal elections, declaring the federal law under which she was charged unconstitutional. The ruling challenges the Trump administration’s efforts to prosecute noncitizen voting in U.S. elections.

Judge Declares 40-Year-Old Federal Statute Unconstitutional

On Thursday, U.S. District Judge David S. Leibowitz issued a 31-page order dismissing the case against Cox, who was charged in October 2025 with a misdemeanor for voting in the 2020 general election. Leibowitz found that 18 U.S.C. § 611, a federal law prohibiting non-U.S. citizens from voting in federal elections, violates the Constitution because it oversteps congressional authority. The judge emphasized that under the Constitution, only states have the power to determine voter qualifications, not Congress.

Leibowitz noted the unusual nature of the case, as no federal court had previously ruled on the statute’s constitutionality. He criticized the Justice Department’s main legal defense as relying on a “very, very weak” Supreme Court precedent, stating, “Because the text, structure, and original public meaning of the Constitution show that Congress does not have the constitutional power to enact this statute.” He further explained that state prosecutors in Florida retain the authority to pursue charges against Cox under state law, but the federal government does not.

Background of the Case Against Chelsea Cox

Federal prosecutors accused Cox of overstaying a tourist visa for over 20 years and of obtaining a Florida driver’s license using a fraudulent U.S. Virgin Islands birth certificate. They alleged that she illegally voted in multiple federal elections beginning in 2012, with the 2020 ballot leading to her federal misdemeanor charge last year.

Cox’s attorneys had moved to dismiss the charges earlier this year, arguing that the statute exceeded Congress’s authority and infringed on state powers. The Justice Department countered that the federal government has a significant role in overseeing federal elections and a right to exclude noncitizens from voting in such elections, emphasizing the importance of preserving federal citizenship privileges.

Legal Analysis and Appeal Plans

To assist in resolving the constitutional question, Judge Leibowitz solicited an amicus brief from Paul Clement, a conservative legal expert and former solicitor general under President George W. Bush. Clement concluded that Congress likely exceeded its constitutional bounds in enacting § 611, noting historical instances where some states permitted noncitizen voting. His brief reinforced the viewpoint that voter qualifications are a matter for states, not the federal government.

Following the ruling, the Justice Department promptly filed an appeal. A spokesperson from the department did not immediately respond to requests for comment.

Reactions and Next Steps

In a phone call Friday night, Cox’s attorney Bruce Udolf expressed relief, stating his client was “gratified” by the decision and that it was a “huge relief to her.” Udolf mentioned Cox recently underwent a medical procedure and that he is coordinating with federal authorities to determine the case’s future, including whether the Trump administration will pursue deportation.

The ruling applies specifically to Cox and does not affect other federal laws against false claims of citizenship used in voting prosecutions. However, it may hinder the Justice Department’s broader campaign against noncitizen voting, a practice President Trump has alleged frequently occurs despite limited evidence and skepticism from election experts.

This development marks a significant legal challenge to federal attempts to regulate noncitizen participation in elections, reaffirming states’ primary authority over voter eligibility.

As the appeal process unfolds, this case may set a precedent affecting future prosecutions and federal election law enforcement.