Miami judge rules federal noncitizen-voting crime law unconstitutional in one case
U.S. District Judge David Leibowitz in Miami dismissed a federal case against Chelsea Cox, finding Congress lacks power to set voter qualifications and that Florida can prosecute alleged noncitizen voting under state law. The ruling applies only to her case; about 45 similar federal cases remain pending.
AI-assisted · US Brief desk · Sources listed below
What happened
U.S. District Judge David Leibowitz dismissed the case against Chelsea Cox, a Florida resident from Jamaica charged in October 2025 with voting in the 2020 presidential election. He wrote that the Constitution leaves voter qualifications to the states, not Congress, and that Florida already bars and can punish the conduct she is accused of. "Florida can and does," he wrote, according to Al Jazeera.
Why it matters
The opinion is among the first federal challenges to §611 and could influence other pending cases ahead of the November midterms, even though it is not binding elsewhere.
What’s next
Watch for a Justice Department appeal and how judges in the remaining cases treat Leibowitz’s reasoning.
More context
A Miami federal judge has held that a 1996 law making it a federal misdemeanor for noncitizens to vote in federal elections is unconstitutional as applied to one defendant, Al Jazeera, NBC News, and the Washington Times reported.
The ruling’s reach: The decision applies only to Cox’s case and does not bind other courts. About 45 similar federal cases remain pending, and at least four other defendants have raised the same challenge, the outlets said. Leibowitz was nominated by former President Joe Biden.
Allegations and DOJ push: Court filings say Cox entered as a tourist in 1999, overstayed, and used a fraudulent U.S. Virgin Islands birth certificate to get a Florida license and register to vote in 2012, Al Jazeera reported. The Justice Department has charged at least 60 people with the offense since President Donald Trump returned to office in January 2025. Among 129 people charged with "voting by an alien" since 2021, none was accused of conspiring to sway an election, Reuters reported via Al Jazeera.
Responses: Cox’s lawyer, Bruce Udolf, welcomed the ruling and said he hoped authorities would not seek to deport her, citing health issues. The Justice Department had argued Congress is best equipped to handle immigration and foreign affairs, according to court coverage. Trump has claimed noncitizen voting cost him the 2020 election; Al Jazeera and other outlets describe that claim as false and say noncitizen voting is already illegal and rare.
Uncertainty: Appeals and other districts’ rulings could go differently. Whether Florida brings a state case against Cox is not settled in these reports.
4 listed sources
- Al Jazeera staff and Reuters, Oct 2, 2026: Miami judge rules federal noncitizen voting law violates US Constitution
- NBC News (Tanish Bijur, Ryan J. Reilly), Oct 1, 2026: Judge guts noncitizen voting law used in Trump administration’s election push
- Washington Times (Stephen Dinan), Oct 2, 2026: Federal judge rules Congress can’t ban noncitizens from voting
- Sourcing note: Wire/international (Al Jazeera+Reuters) and NBC for the ruling; Washington Times (conservative) for equal-spectrum confirmation and DOJ case context. Lean: story involves Trump DOJ election-fraud push; draft attributes claims and notes the as-applied limit.
References listed by US Brief; a source count is not a verification score.
Editorial sourcing notes
Core facts: Al Jazeera staff with Reuters, Oct 2, 2026; NBC News (Bijur/Reilly), Oct 1; Washington Times (Stephen Dinan), Oct 2. Statute is 18 U.S.C. §611 (1996). As-applied only. ~45 pending cases and ≥60 DOJ charges since Jan 2025 attributed to those outlets. Reuters tally on 129 'voting by an alien' charges since 2021 (no conspiracy to sway elections) via Al Jazeera. Trump's 2020 noncitizen-voting claim attributed as false by Al Jazeera/AP framing; Washington Times notes voting-rights groups say evidence of the practice is scant. Re-verified 5:40 AM PT Oct 2 against current coverage; no changes.
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