Biden-Appointed Judge: Criminalizing Noncitizen Voting Is Unconstitutional

Oct 03, 2026 6:00 AM
Advertisement
Biden-Appointed Judge: Criminalizing Noncitizen Voting Is Unconstitutional
AP Photo/Nam Y. Huh

This is just ridiculous: a federal judge, David S. Leibowitz, ruled that cracking down on illegal alien voters is unconstitutional. The jurist, appointed by Joe Biden, said Congress cannot enforce such measures and that states must make their own determinations. The case involved a Jamaican national voting in Florida, so you know that state would easily and quickly pass a law barring illegal aliens from casting ballots, but it set up another roadblock regarding Trump’s efforts to shore up our election security (via NY Post):

Advertisement

A US judge dismissed a federal case on Thursday that accused a Jamaican national of illegally voting, finding the law criminalizing noncitizen voting was unconstitutional and delivering a blow to the Trump administration’s campaign against alleged election fraud.

The ruling by Miami-based US District Judge David Leibowitz applies only to the case of Florida resident Chelsea Cox, who was charged in October 2025 with illegally voting in the 2020 election.

It is not binding for judges in other cases.

[…]

The Justice Department has charged at least 60 people with noncitizen voting since Trump returned to office in January 2025.

[…]

Leibowitz wrote that under the US Constitution only states can set voter qualifications, not Congress. Every state requires US citizenship to vote, and Leibowitz said it was up to Florida, not the Department of Justice, to prosecute her for violating that requirement.

“Can the State of Florida prohibit and punish the exact conduct Defendant Cox allegedly engaged in here? This has already been decided elsewhere and is not addressed here: Florida can and does,” Leibowitz wrote.

[…]

Cox entered the United States as a tourist in 1999 and remained after her visa expired the next year, according to a court filing by the government.

She used a fraudulent US Virgin Islands birth certificate to obtain a Florida driver’s license and used those documents to register to vote in 2012.

[…]

Illegal voting is grounds for deportation, and as Reuters has reported, the Trump administration has been investigating noncitizen voting and deporting defendants, sometimes years after their criminal cases were closed. Cox’s attorney Udolf said he hoped the government would not move to deport her, citing her declining health

Advertisement

Oh, she’s sick. Oh well, too bad. Deport her.

Editor's Note: Do you enjoy Townhall's conservative reporting that takes on the radical Left and woke media? Support our work so that we can continue to bring you the truth.

Join Townhall VIP and use promo code FIGHT to receive 60% off your membership.

News Topics DOJ | DONALD TRUMP | FLORIDA | JUDGES | VOTER ID
VIP

Join the Conversation

VIP members get the ability to comment on articles.

Recommended

Trending on Townhall Videos