2026-10-02 · contested story
Judge rules noncitizen voting law unconstitutional
On October 1, 2026, Miami-based U.S. District Judge David Leibowitz, a Biden nominee, dismissed a federal case against Chelsea Cox, a Jamaican national charged with illegally voting in the 2020 election, finding that the 1996 federal law criminalizing noncitizen voting (18 U.S.C. § 611) is unconstitutional. Leibowitz reasoned that under the Constitution, only states—not Congress—may set voter qualifications. The ruling applies only to Cox's case and binds no other judges, but arrives amid roughly 45 pending noncitizen-voting prosecutions and at least four similar constitutional challenges, delivering a symbolic blow to the Trump administration's pre-midterms election-fraud campaign. Notably, many of the 39 scraped sources actually cover an earlier, distinct event: the 2022–2025 litigation striking down New York City's law that would have let ~800,000 noncitizens vote in local elections—a reverse-polarity story where courts blocked expansion of noncitizen voting.
How each side frames it
left
"Judge guts noncitizen voting law used in Trump administration's election push"
"Trump has falsely claimed that noncitizen voting, which is already illegal and rare, cost him the 2020 election"
"Among 129 people charged with 'voting by an alien' since 2021, none was accused of conspiring to sway an election, backing a candidate, or being paid to vote"
"This is a situation that cries out for discretion by government officials and they'd be well-advised to walk away from this without further reprisal against her"
"the administration's highly publicized crackdown on noncitizen voting exaggerates a rare problem and could undermine confidence in election results"
center
"The ruling applies only to Cox's case and it does not bind judges elsewhere, though about 45 similar cases remain pending nationwide"
"While not binding for other judges, the ruling could prove persuasive for roughly 45 pending noncitizen voting cases nationwide, though the Justice Department has not signaled its next steps"
"defendants have asserted that the right to determine voter qualifications is reserved for U.S. states under the Constitution. While all states require voters to be citizens, the defendants argue that it is up to states to prosecute a violation, not the federal government"
"Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens"
"The majority, by deeming the noncitizen voting law invalid, effectively prohibits municipalities across the state from deciding for themselves the persons who are entitled to a voice in the local electoral process"
right
"COMMIES IN THE COURT: Biden Judge Rules Law That Makes It Illegal for NONCITIZENS to Vote Is UNCONSTITUTIONAL!"
"The text, structure, and original public meaning of the Constitution show that Congress does not have the constitutional power to enact this statute"
"There is nothing more important than preserving the integrity of our election system, and in today's age, the government should be working to create more trust in our elections, not less"
"non-citizen voting in New York is illegal, and shame on those who thought they could skirt the law for political gain"
"Did it matter that 'Our City, Our Vote' violated clear language in the state Constitution that restricts voting rights to 'citizens'? Or that noncitizen voting dilutes the votes of actual citizens? Not to council members."
What each side left out
The left left out — covered by the The Epoch Times & Newsmax
- The DOJ's substantive legal argument that Congress has authority over election integrity via Smiley v. Holm
- The judge's detailed originalist constitutional reasoning
The left left out — covered by the The Sacramento Bee & Al Jazeera
- Details of Cox's alleged fraud—using a fraudulent US Virgin Islands birth certificate across multiple elections 2012-2020
The right left out — covered by the Washington Post & US News & Boston Herald (AP)
- The finding that noncitizen voting is statistically rare and has not swung elections
- That most defendants were lawful permanent residents who registered by mistake
The right left out — covered by the The Epoch Times (neutral legal reporting only)
- A sustained conservative defense of the Cox ruling as correct on federalism grounds (right coverage either attacks the Biden judge or reports neutrally)
The center left out — covered by the New York Post (right opinion) & Sacramento Bee (left-leaning framing)
- Strong editorial judgment on whether the ruling is good or bad policy
The left left out — covered by the Newsmax
- Paul Clement (Bush-era solicitor general) being enlisted and concluding the issue was 'not entirely clear-cut'
What's actually true?
[verified] US District Judge David Leibowitz, a Biden nominee, dismissed the federal case against Chelsea Cox, finding the noncitizen voting law unconstitutional
[verified] The ruling applies only to Cox's case and does not bind other judges; about 45 similar cases remain pending nationwide with at least four raising the same challenge
[verified] The Justice Department has charged at least 60 people with noncitizen voting since Trump returned to office in January 2025
[verified] Among 129 people charged with 'voting by an alien' since 2021, none was accused of conspiring to sway an election, backing a candidate, or being paid to vote; most were lawful permanent residents who registered by mistake
[verified] Cox entered the US as a tourist in 1999, overstayed her visa, and used a fraudulent US Virgin Islands birth certificate to obtain a Florida driver's license and register to vote in 2012
[verified] The federal statute at issue is 18 U.S.C. § 611, carrying up to one year in prison per violation, and the judge issued a 31-page opinion
[verified] On September 30, 2026, AG Todd Blanche announced federal charges against 10 people in Minnesota for allegedly voting illegally; all are legal permanent residents
[verified] The New York Court of Appeals ruled 6-1 in March 2025 that NYC's noncitizen voting law violated the state constitution, upholding earlier rulings
The narrative clash
Does Congress/the federal government have authority over noncitizen voting in federal elections?
Left: Leibowitz wrote that under the US Constitution only states can set voter qualifications, not Congress
Right: State governments have initial and principal authority for administering elections within their jurisdictions, but the Supreme Court has recognized that the Constitution provides that the federal government maintains authority over elections, including guarding the safety and integrity of congressional elections
Scale and significance of noncitizen voting
Left: noncitizen voting, which is already illegal and rare... has not been shown to change the outcome of elections
Right: Trump... has said that noncitizen voting is a widespread problem that undermines the integrity of U.S. polls
Whether local governments may enfranchise noncitizens (NYC case)
Left: The majority's determination also disenfranchises nearly one million residents of the City, despite the fact that its people's duly elected representatives have opted to enfranchise those same residents (dissent)
Right: the New York Constitution as it stands today draws a firm line restricting voting to citizens
39 sources analyzed
The Sacramento Bee New York Post The Washington Times Al Jazeera Politico NBC News Gothamist Ground News Florida Politics The Center Square The Epoch Times WCAX 3 New York Post CNN Washington Examiner Fox News Newsmax New York Post Arizona Daily Star: tucson.com Yahoo! Search New York Post Reuters The Damage Report Newsmax Boston Herald Fox News Boston Herald Boston Herald The Hill Newsmax MPR News Fox News The Buffalo News Billings Gazette The Washington Post Newsmax Fox News Orange County Register U.S. News & World Report