A federal judge in Miami dismissed a criminal case against a Jamaican national on Thursday, ruling that a 1996 federal law prohibiting non-U.S. citizens from voting in federal elections is unconstitutional. U.S. District Judge David S. Leibowitz, a Biden appointee, found that the U.S. Constitution reserves the power to set voter qualifications for individual states rather than Congress. The ruling led to the dismissal of a misdemeanor charge against Chelsea Michelle Ann Cox, who was accused of voting in the 2020 general election.
The case originated in October 2025 when federal prosecutors charged Cox, alleging she had overstayed a tourist visa in 2000 and later used a fraudulent U.S. Virgin Islands birth certificate to register to vote. While prosecutors argued that she had voted in multiple federal elections since 2012, only the 2020 ballot fell within the statute of limitations. Cox's defense team challenged the constitutionality of 18 U.S.C. § 611, arguing the statute intruded on state-reserved powers.
In his 31-page order, Leibowitz cited Article I, Article II, and the 17th Amendment to support his finding that the federal government lacks the authority to determine the electorate. He noted that while Congress can regulate the manner of elections, it cannot establish voter qualifications. The Justice Department defended the law by citing congressional authority over immigration and foreign affairs, arguing that the U.S. has the right to exclude non-citizens from federal processes. Following the decision, the Justice Department filed a notice to appeal.
For the individuals affected, including lawful permanent residents and those without legal status, the ruling changes the legal framework of their defense in federal court. According to a Reuters investigation, at least 129 people have been charged under this law, many of whom were reportedly encouraged to register by government clerks or did so by mistake. A conviction under the statute carries a penalty of up to one year in prison, a fine, or both, and often leads to deportation proceedings. In this specific case, Cox’s attorney stated his client is relieved by the dismissal, though her immigration status and potential deportation by federal authorities remain unresolved.
The outcome of the Justice Department's appeal to the 11th Circuit Court of Appeals will determine if this federal ban remains enforceable in Florida and other states within that circuit. Critics of the crackdown, such as New Jersey Governor Mikie Sherrill (D), have pointed to software errors that mistakenly registered non-citizens, while supporters of the law, such as Hans von Spakovsky of Advancing American Freedom, argue that Congress has authority over non-citizens that justifies the ban. The Justice Department has already moved to appeal the decision to the 11th Circuit, and a specific date for those proceedings has not yet been reported.