Key facts
- A U.S. judge found the federal statute criminalizing noncitizen voting unconstitutional.
- The ruling dismissed a criminal case against a noncitizen accused of voting in an election.
- Defendants argue that the right to determine voter qualifications belongs to U.S. states, not the federal government.
- The Trump administration has pushed to deport noncitizen voters.
- The federal 'Voting by Aliens' statute, enacted in 1996, makes it illegal for noncitizens to vote in federal elections.
A U.S. judge on Thursday dismissed a federal criminal case against a noncitizen accused of voting in an election, ruling that the statute criminalizing noncitizen voting is unconstitutional. The decision by U.S. District Court Judge David Leibowitz in Miami challenges the federal government's authority to prosecute such cases.
Several individuals charged with illegal voting by noncitizens are employing a strategy to get their cases dropped by arguing that the 1996 law used to charge them is unconstitutional. According to a Reuters review of court filings, five people prosecuted in separate federal cases in Miami and Madison, Wisconsin, have made this argument for the first time in court.
These defendants contend that the Constitution reserves the right to determine voter qualifications for U.S. states, and therefore, it is up to states, not the federal government, to prosecute violations. The Trump administration, however, argues that the Supreme Court has recognized Congress's authority to protect election integrity and has passed laws like the one criminalizing repeat voting. The Department of Justice also asserts that the statute focuses on immigration, an area where Congress has clear legislative authority, and compares it to upheld laws limiting foreign national campaign contributions.
The stakes are raised as the Trump administration has pushed to deport noncitizen voters, a departure from previous administrations where defendants often reached plea deals resulting in small fines. A ruling in favor of the defendants could impact the federal government's ability to prosecute noncitizen voting cases, with trials for some of these defendants scheduled to begin as early as October 5.