Judge Strikes Down Federal Noncitizen Voting Law

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A Miami federal judge just struck down the federal ban on noncitizen voting in one case, shaking the rules that guard federal elections.

Story Snapshot

A Florida judge ruled the federal noncitizen-voting law unconstitutional as applied to one defendant.
The decision dismissed a 2025 charge tied to an alleged 2020 vote in Broward County.
The judge said states, not Congress, set voter qualifications for elections.
About 45 similar federal cases may be affected, but the ruling binds no other court.

What the Judge Decided and Why It Matters

United States District Judge David Leibowitz dismissed a federal charge against Chelsea Cox, ruling that the federal statute criminalizing noncitizen voting is unconstitutional as applied in her case. The law, 18 U.S.C. 611, makes voting in federal elections a misdemeanor for noncitizens. The judge wrote that the Constitution leaves voter qualifications to the states, outside the District of Columbia. The ruling ends Cox’s federal case, but it does not grant a right for noncitizens to vote in Florida.

Reuters reported that prosecutors charged Cox in October 2025 for allegedly voting in the 2020 election in Broward County, Florida. Bloomberg Law said the Justice Department claimed Cox knew she was not a United States citizen when she voted, which is key to the charge they brought. The court, however, did not resolve whether the facts were true. The case turned on a constitutional question, not a jury’s verdict on what happened.

The Limits of the Ruling and the Cases Still Pending

Reuters and CBS News both noted the ruling applies only to Cox’s case and does not bind other judges. Al Jazeera reported that about 45 similar prosecutions remain active nationwide, which could be challenged using the same argument. That means more fights are coming over whether Congress can criminalize noncitizen voting in federal races. Appeals and rulings in other regions may split, pushing the issue toward higher courts.

This decision arrives during a period of stepped-up enforcement under President Trump. Reuters found 129 total federal prosecutions under the statute since 1996, with a large share filed during Trump’s years in office. Those numbers show the cases are rare in absolute terms, yet they carry high political weight. Each case gets folded into larger debates over election security, immigration, and trust in government.

Federal Power Versus State Control Over Elections

Cox’s lawyers argued that only states can set voter qualifications, which include the rule that voters must be United States citizens. The judge agreed, writing that Congress lacks the power to legislate voter qualifications outside the District of Columbia, even for federal elections. The opinion framed 18 U.S.C. 611 as a voter qualification statute, not a simple enforcement rule, which placed it outside Congress’s lane in this case.

USA POLITICS WATCH

October 2, 2026

FEDERAL JUDGE RULES FEDERAL NONCITIZEN-VOTING LAW UNCONSTITUTIONAL — STATE PROSECUTION REMAINS POSSIBLE

A federal judge in Miami has dismissed a federal prosecution against a noncitizen accused of voting in the 2020 election.

But the ruling…

— USA Politics Watch (@USPolitWatch) October 2, 2026

The Justice Department can still pursue appeals or build other cases that rely on different federal powers. States also remain free to enforce their own voter eligibility laws. That split is why the ruling lands hard with many Americans across the spectrum. People see a system where Washington and the states point fingers while public trust keeps falling. Both sides worry that the rules are not clear or fairly enforced, which fuels anger at the “elites” in charge.

What to Watch Next

Watch for an appeal by the Justice Department and for copycat motions in other districts. Track whether other judges accept this state-power view or reject it. Look for whether Congress considers a narrower federal measure tied to election administration rather than voter qualifications. Also watch state prosecutors in places like Florida, who can still bring charges under state law when evidence supports it. Until higher courts weigh in, the national rule on this issue will remain unsettled.