Judge’s Ruling Sparks Controversy Over Noncitizen Voting

A judge appointed by President Biden has prompted backlash from conservative circles after determining that the federal law prohibiting noncitizens from voting in elections is unconstitutional within the context of a criminal case.

In a comprehensive 31-page ruling, U.S. District Judge David Leibowitz, based in the Southern District of Florida, dismissed charges against Chelsea Cox, a woman originally from Jamaica who cast her vote in the 2020 presidential election despite her noncitizen status. This decision emerges amid heightened efforts by the Trump administration to curb noncitizen voting, including federal prosecutions and initiatives to ensure voter rolls are verified for citizenship, leading to legal confrontations with Democratic-led states and voting rights advocates. Notably, Trump’s push for election integrity has been largely fueled by his allegations that the 2020 election was “stolen,” a claim that remains unsubstantiated.

Leibowitz declared that the Constitution assigns states, not Congress, the power to designate eligible voters in federal elections, which he argued renders a portion of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 unconstitutional regarding Cox.

“The Constitution commits to the States, and the States alone, the general power to set voter qualifications in federal elections,” Leibowitz articulated in his ruling. “This is clear from both the text of the document and the debates at the Constitutional Convention in 1787.”

The decision drew sharp criticism from Senator Mike Lee, a Republican from Utah and co-author of the stalled Safeguard American Voter Eligibility (SAVE) Act, which is unlikely to advance before the upcoming midterm elections.

“This insane ruling will certainly be overturned,” Lee expressed on social media. “But it gives the game away: Democrats pretend we don’t need the SAVE Act because non-citizen voting is already illegal while activist judges try to destroy laws banning non-citizens from voting!”

Hans von Spakovsky, a legal fellow affiliated with Advancing American Freedom, concurred that Leibowitz’s decision would probably be overridden by the 11th Circuit Court of Appeals.

“Judge David Leibowitz’s opinion that the federal law barring aliens from voting is unconstitutional is patently wrong,” Spakovsky remarked. “It is true that states have the constitutional authority to set the qualifications for citizens eligible to vote in federal elections. But he overlooks the explicit authority given to Congress over naturalization under Article I, Section 8.”

Spakovsky argued that the Constitution empowers Congress to determine how noncitizens are admitted and what roles they can assume, thereby justifying the federal prohibition against noncitizen voting.

“That gives the federal government the authority to ban aliens from voting or otherwise participating in democratic processes,” he pointed out.

Notably, Spakovsky referenced the 2011 Bluman v. FEC case, in which restrictions on foreign nationals’ campaign expenditures were upheld, reinforcing the notion that the government has the right to limit noncitizen participation in democratic activities.

However, the Bluman case centered around campaign finances and not a criminal case regarding voting.

Anhishek Kambil, a partner at Holtzman Vogel Law Firm, expressed skepticism regarding the ruling. He noted the Supreme Court’s past rulings, which suggest that Congress holds some authority over voter qualifications, though he felt Leibowitz’s interpretation may have muddled the issue.

While Leibowitz acknowledged Congress’s extensive powers concerning immigration, he emphasized that these powers are not unequivocal and must operate within the constraints set by the Constitution regarding voter qualifications.

He also dismissed the federal government’s argument, rooted in the Elections Clause that permits Congressional regulation of state conduct in federal elections, asserting that the specific statute in question did not aim to regulate election processes or prevent fraud, rather it sought to define voter qualifications.

Despite ruling against federal prosecution of Chelsea Cox, Leibowitz confirmed that Florida retains the right to initiate state-level charges.

Judge Leibowitz was nominated to the federal bench by President Biden in 2024 and confirmed in a bipartisan vote in the Senate, which featured support from some Republican members, including former Senator Marco Rubio. This ruling stands as the most significant and politically impactful decision he has made thus far in his judicial career.