A United States District Judge in Miami issued a ruling dismissing federal charges against Chelsea Cox, a noncitizen accused of voting illegally. The judge determined that the federal law criminalizing noncitizen voting exceeds Congress’s constitutional authority, as only individual states possess the power to establish voter qualifications. Since all states already require U.S. citizenship to vote, the judge concluded that enforcing such restrictions falls under state jurisdiction rather than federal prosecution.
Cox, originally from Jamaica, had been charged in October 2025 with illegally voting in the 2020 presidential election. Court documents indicated she entered the United States as a tourist in 1999 but overstayed her visa. She subsequently used a fraudulent birth certificate from the U.S. Virgin Islands to obtain a Florida driver’s license and register to vote in 2012. Her legal representative, Bruce Udolf, expressed hope that authorities would not pursue deportation proceedings given Cox’s health circumstances.
The ruling is specific to Cox’s case and does not establish binding precedent for other judges, though approximately 45 similar cases remain pending across the country. At least four additional defendants have raised identical constitutional challenges. The Department of Justice has prosecuted at least 60 individuals for this offense since January 2025. Data compiled by Reuters indicates that among 129 people charged with voting by a noncitizen since 2021, none faced allegations of conspiracy to influence elections, candidate support, or payment for voting, with most identified as lawful permanent residents who registered in error or based on incorrect guidance from election officials or government employees.
The decision represents a significant development for the Trump administration, which has prioritized enforcement actions against alleged election fraud ahead of midterm elections this November. The administration has characterized noncitizen voting as evidence of broader efforts to undermine Republican electoral performance, though such voting is already prohibited by law and occurs infrequently.
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