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Federal judge rules law banning noncitizen voting unconstitutional

Federal judge rules law banning noncitizen voting unconstitutional

Rule Changes

Miami ruling says only states, not Congress, can set voter qualifications; courts also blocked federal ballot demands around the Nov. 3 midterms

Yesterday: Judge closes California ballot case, rebukes DOJ

Overview

Updated Yesterday

A federal judge in Miami dismissed a criminal case against a noncitizen accused of illegally voting in 2020 and ruled that 18 U.S.C. § 611, the 1996 law making noncitizen voting a federal misdemeanor, is unconstitutional as applied to her. The Justice Department has appealed to the Eleventh Circuit.

The ruling came amid a wider federal push around the Nov. 3 midterms. Judge Araceli Martinez-Olguin barred Homeland Security from election-related field operations in nine states, and Judges Tanya Chutkan and James Boasberg blocked the administration from demanding that states set aside ballots from suspected noncitizens. On Nov. 10, Judge David Carter closed the California case after the Justice Department dropped it.

Why it matters

The rulings could shut down federal noncitizen-voting prosecutions and bar the administration from telling states how to count ballots.

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Key Indicators

5
Defendants challenging § 611
Separate federal cases in Miami and Madison, Wisconsin, arguing Congress cannot criminalize noncitizen voting.
9
States covered by DHS field-operations order
California, Connecticut, Georgia, Missouri, Nevada, New York, Pennsylvania, Washington and Wisconsin.
20,000+
California mail ballots DOJ sought to set aside
Ballots the administration said came from voters likely not U.S. citizens; the suit was dismissed Nov. 7.

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People Involved

David S. Leibowitz
David S. Leibowitz
U.S. District Judge, Southern District of Florida
Ruled § 611 unconstitutional as applied to Cox; DOJ appeal pending in the Eleventh Circuit
CC
Chelsea Cox
Defendant, Jamaican national charged with illegal voting
Federal charges dismissed; DOJ appealing to 11th Circuit; possible state prosecution or deportation
 Araceli Martínez-Olguín
Araceli Martínez-Olguín
U.S. District Judge
Issued order restricting DHS election-related field operations in nine states through Election Day; the order was stayed until 5 p.m. Oct. 23 for a possible appeal.
 James E. Boasberg
James E. Boasberg
Chief U.S. District Judge
Ruled Nov. 2 that the administration likely violated the Constitution by pressuring California over ballots; barred DOJ and DHS from making those demands.
 Tanya Chutkan
Tanya Chutkan
U.S. District Judge
Barred DOJ and DHS on Nov. 2 from sending states lists of suspected noncitizen voters or asking officials to set aside their ballots.
DC
David O. Carter
U.S. District Judge
Closed the Justice Department's California mail-ballot suit on Nov. 10 after the department moved to dismiss it.

Organizations Involved

U.S. Department of Justice
U.S. Department of Justice
Federal agency
Appealing the § 611 ruling to the Eleventh Circuit; dropped its California ballot suit on Nov. 7 after the Supreme Court denied relief.

The federal agency that brought the prosecution against Chelsea Cox under 18 U.S.C. § 611.
State of Florida – Governor’s Office
State of Florida – Governor’s Office
State Government
Retains authority to prosecute noncitizen voting under state law

The state that Judge Leibowitz said retains exclusive authority to prosecute noncitizen voting under state law.
U.S. Department of Homeland Security (DHS)
U.S. Department of Homeland Security (DHS)
Federal agency
Barred from election-related field operations in nine states through Election Day; the order was stayed until 5 p.m. Oct. 23 for a possible appeal.

The agency whose immigration authorities were ordered to stop election-related door knocks and field interviews in nine states.

Timeline

June 1996 November 2026

13 events Latest: Yesterday Showing 8 of 13
Tap a bar to jump to that date

  1. Judge closes California ballot case, rebukes DOJ

    Latest Legal

    U.S. District Judge David Carter closed the case and canceled a Friday hearing. He wrote that the lawsuit 'attempted to disrupt an ongoing election and create confusion and uncertainty for voters and election workers alike.'

  2. DOJ moves to drop California ballot suit

    Legal

    After the Supreme Court denied relief, the Justice Department told Judge David Carter it would voluntarily dismiss its suit over more than 20,000 California mail ballots.

  3. Judge Chutkan blocks voter-list pressure

    Legal

    U.S. District Judge Tanya Chutkan barred the Justice Department and Homeland Security from sending states lists of registered voters suspected of not being citizens. She also blocked requests that officials separate those voters' ballots or not count them until citizenship was proven.

  4. Judge Boasberg bars California ballot demands

    Legal

    Chief Judge James Boasberg ruled the administration likely violated the Constitution by pressuring California to set aside ballots based on federal lists. He barred the Justice Department and Homeland Security from making those demands.

  5. Judge orders administration to list pressured states

    Legal

    Chief U.S. District Judge James Boasberg ordered the Trump administration to identify every state where it pressured officials over noncitizen voting. He said he would rule by Monday on a Democratic request to block the program.

  6. DOJ asks Ninth Circuit to halt California ballot counting

    Legal

    The Justice Department asked the Ninth Circuit to block California from counting more than 20,000 mail ballots while citizenship status is checked, after the trial judge, David Carter, had not ruled on its emergency request. The department called his silence a 'constructive denial.'

  7. Judge limits DHS election field operations in nine states

    Legal

    U.S. District Judge Araceli Martinez-Olguin ordered federal immigration authorities to stop election-related field operations and interviews in nine states if they are likely to involve U.S. citizens. She found the policy likely violated a Voting Rights Act section barring intimidation of people who help others vote. The order ran until polls closed on Nov. 3 and was stayed until 5 p.m. Oct. 23 for a possible appeal.

  8. Judge strikes down § 611 as unconstitutional

    Legal

    Judge David Leibowitz dismissed the Cox case, ruling that § 611 is unconstitutional as applied to her because only states can set voter qualifications.

  9. Justice Department Files Appeal

    Legal

    DOJ moved to appeal Leibowitz's ruling to the Eleventh Circuit shortly after the decision.

  10. Chelsea Cox charged

    Legal

    Justice Department charges Cox with misdemeanor illegal voting in the 2020 election.

  11. Trump returns to office

    Political

    Administration begins aggressive noncitizen voting prosecutions.

  12. Cox allegedly begins voting

    Legal

    Prosecutors allege Chelsea Cox cast ballots in federal elections starting in 2012.

  13. Congress enacts 18 U.S.C. § 611

    Legal

    Law makes it a misdemeanor for noncitizens to vote in federal elections.

Scenarios

1

Appeals court reverses, law upheld

Possible Resolves by End of 2027

Discussed by: Justice Department and Trump administration officials

The DOJ appeals the ruling to the 11th Circuit Court of Appeals. If the appeals court disagrees with Leibowitz's federalism reasoning, it could reverse the decision and uphold § 611, allowing prosecutions to continue. The administration has characterized the ruling as judicial overreach.

2

Other judges adopt reasoning, prosecutions collapse

Possible Resolves by Q2 2027

Discussed by: Lawyers for defendants in the ~45 pending noncitizen voting cases

At least four other defendants have challenged § 611 on similar grounds. If other federal judges follow Leibowitz's reasoning — which they are not bound to do but may find persuasive — the DOJ's noncitizen voting prosecutions could be dismissed across multiple districts, gutting the administration's enforcement push. State prosecutors would then be the only avenue for enforcement.

3

Supreme Court settles the question

Uncertain Resolves by Q2 2029

Discussed by: Constitutional law scholars and election law experts

The case could eventually reach the Supreme Court, which would definitively resolve whether Congress has authority to criminalize noncitizen voting in federal elections. Given the Court's federalism-friendly majority, it could go either way — with implications for the broader balance of power between Washington and the states over election administration.

4

Ninth Circuit blocks California's disputed ballot count

Deadline passed (Nov 3, 2026)

Discussed by: Justice Department lawyers

The department asked the Ninth Circuit to step in before U.S. District Judge David Carter ruled, arguing the dispute was too urgent to wait. If the appeals court grants relief, more than 20,000 mail ballots stay uncounted until citizenship checks finish.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

1787-1920s

Noncitizen voting in early America

All 13 original states allowed noncitizen voting in some fashion in the early days of the republic. Noncitizen voting was common — including property-owning immigrants who were permitted to vote in federal elections in some states. The practice faded through the 19th century as states gradually imposed citizenship requirements, driven by waves of anti-immigrant sentiment.

Then

States gradually adopted citizenship requirements for voting during the 1800s, eliminating the practice state by state.

Now

By the time Congress enacted § 611 in 1996, all states had long required citizenship to vote — but the constitutional question of who holds the power to set that requirement was never settled until now.

Why this matters now

Leibowitz's ruling draws on this history: if states had always held the power to set voter qualifications, Congress's 1996 attempt to criminalize noncitizen voting was a federal overreach into reserved state authority.

1793

Chisholm v. Georgia (1793) — federalism boundary disputes

The Supreme Court's first major case dealt with whether a state could be sued in federal court. The decision created a political firestorm and led to the 11th Amendment, which reasserted state sovereignty. The dispute defined how far federal power could reach into areas the Constitution reserved to states.

Then

Congress proposed and states ratified the 11th Amendment over two years, overturning the Court's decision.

Now

The episode cemented the principle that the federal government operates within enumerated powers, and that areas not delegated to Washington remain with the states — the same structural argument at the heart of the § 611 ruling.

Why this matters now

Leibowitz's ruling rests on this same structural principle: the Constitution enumerates Congress's powers over elections (times, places, manner) but never grants it power to set voter qualifications, which are reserved to states.

Sources

(30)
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CBS News NBC News Reuters via Yahoo News Washington Times Fox News Ballot Access News New York Post Reuters via StreetInsider Daily Times (Reuters) Southern District of Florida Blog JURIST Bloomberg Law Stucci Media LegalTech Digest Al Jazeera Florida Politics The National Desk The Washington Post Los Angeles Times PBS News AP News Reuters via MarketScreener Reuters Axios NPR Southern District of Florida Blog CBS News NBC News CBS News AP News