In a significant development for the Trump administration’s initiative to prosecute noncitizens for voting in U.S. elections, a judge has dismissed a federal case against a Jamaican national. The woman was accused of illegal voting, and the law she was charged under has been deemed unconstitutional.
U.S. District Judge David S. Leibowitz in Miami ruled in a 31-page order that the criminal case against Chelsea Cox is to be dismissed. Cox faced charges in October 2025 for allegedly voting illegally in 2020. The judge found that the decades-old federal law, 18 U.S.C. § 611, prohibiting non-U.S. citizens from voting in federal elections, is unconstitutional.
According to Judge Leibowitz, the U.S. Constitution assigns the power to set voter qualifications to states, not Congress. He stated that state prosecutors in Florida could charge Cox with unlawful voting under state law, but the federal government could not.
This ruling applies solely to Cox and marks the first instance where a court has ruled the statute unconstitutional. It could impact the Justice Department’s efforts to pursue cases of noncitizen voting, a practice considered rare by most election experts but frequently highlighted by President Trump.
Following the ruling, the Justice Department announced plans to appeal. A spokesperson did not provide immediate comment.
The ruling revolves around a federal law making it a misdemeanor for noncitizens to vote. This law differs from another that bars false citizenship claims for voting purposes, which the Justice Department has used recently.
“This is an unusual criminal case,” Judge Leibowitz noted. He observed that until recently, no federal court had questioned Congress’s constitutional authority to enact this statute.
He referenced the Justice Department’s reliance on a single, weak Supreme Court case to defend the statute’s constitutionality, indicating that it is the strongest argument they have.
Bruce Udolf, Cox’s attorney, expressed relief over the decision. He noted that Cox had undergone recent medical treatment and stated they were negotiating with the government about the case’s next steps and potential deportation actions.
Court documents revealed that Cox allegedly overstayed a U.S. tourist visa over 20 years ago and used a fraudulent U.S. Virgin Islands birth certificate to obtain a Florida driver’s license. She purportedly participated in several federal elections from 2012, with a vote in 2020 prompting the charges.
Cox’s legal team sought dismissal of the charges, arguing the law overstepped Congress’s authority, infringing on powers reserved for the states.
Federal prosecutors argued the Constitution grants the federal government a significant role in managing such elections, emphasizing the U.S. right to exclude noncitizens from voting in federal elections.
To assist in resolving the constitutionality issue, Judge Leibowitz requested the analysis of Paul Clement, former solicitor general, known for his Supreme Court expertise.
Clement’s amicus brief concluded that Congress likely surpassed constitutional limits by enacting §611. He noted that, historically, states have controlled voter qualifications, and while no state currently allows noncitizens to vote in federal elections, there was a precedent for it in the past.