Pressure of Truth
Exposing the spin on all sides of the news.
U.S.

Miami Federal Judge Dismisses Noncitizen-Voting Charge and Rules 1996 Federal Ban Unconstitutional as Applied; Justice Department Files Appeal

On Oct. 1, Judge David Leibowitz ruled that only states, not Congress, may decide who is qualified to vote, so 18 U.S.C. § 611 cannot be used to prosecute Chelsea Cox, a Jamaican national accused of voting in 2020. The Justice Department filed a notice of appeal to the 11th Circuit on Oct. 2.

How spun is the coverage?Coverage bias 5.3 / 10
5 sides analyzed14 sources cited

Two filings in two days, and one unchanged rule

On Thursday, Oct. 1, 2026, a federal judge in Miami issued a 31-page order. It dismissed a misdemeanor charge against Chelsea Cox, a Florida resident from Jamaica [1][13]. She was charged in October 2025 with voting in the 2020 presidential election while not a U.S. citizen [1][6].

U.S. District Judge David Leibowitz held that the law used against her is unconstitutional as applied to her case [1][6]. That law is 18 U.S.C. § 611. It makes it a federal crime for a noncitizen to vote in a federal election. Congress passed it in 1996 [2][4].

The next day, Friday, Oct. 2, the Justice Department filed a notice of appeal to the 11th Circuit in Atlanta [5]. A department spokeswoman said it "deeply disagree[s] with the ruling" [1].

Here is the odd part. Nobody in the case says noncitizens should be able to vote. The fight is over who gets to punish them when they do.

What Cox is accused of, and what the judge did not say

Court filings say Cox entered the U.S. as a tourist in 1999 and overstayed her visa. She later used a fake U.S. Virgin Islands birth certificate to get a Florida driver's license. She registered to vote in 2012 [3].

The judge did not say noncitizens may vote. He wrote that every state already requires citizenship. He also wrote that Florida "can and does" prosecute people who break that rule [3][7].

Florida's own laws cover what Cox is accused of doing [3][7]. So the ruling doesn't open any door at the ballot box. It affects which government can bring the charge.

Why the judge says Congress has no say

Leibowitz's argument starts with the Constitution's text. Article I says voters for the House must meet the qualifications for voting for the larger house of their state legislature. The 17th Amendment uses the same rule for Senate elections. Article II lets each state legislature decide how its presidential electors are chosen [6][9].

In his reading, that ties federal voter qualifications to state law. He wrote that "the text, structure, and original public meaning of the Constitution" show Congress lacks this power [1]. Reports of the order also quote him calling § 611 a "voter qualification statute" [6].

He leaned on the Supreme Court's 2013 decision in Arizona v. Inter Tribal Council. Justice Antonin Scalia wrote that opinion. It split election power in two. Congress may regulate HOW federal elections are run. States decide WHO may vote [6][10].

The court also appointed Paul Clement and Chadwick Harper as outside advisers, known as amicus curiae. They argued that the statute exceeds Congress's power. They pointed to its "unless" clause, which leaves noncitizen voting in state elections to the states [7].

The government's case, and the precedent behind it

The Justice Department argues that the Constitution gives the federal government "a significant role in overseeing" federal elections [1]. Its argument has three parts.

First, the Elections Clause lets Congress regulate how federal elections are run. That has long included anti-fraud laws. Second, Congress controls immigration and foreign affairs. Whether a noncitizen may help choose the national government falls within that power [1][7].

Third, a federal ban doesn't invent a new qualification. It enforces the citizenship rule every state already has. On this view, it protects the integrity of Congress's own elections.

There is precedent on that side. In Oregon v. Mitchell (1970), the Supreme Court let Congress set an 18-year-old voting age for federal elections, but not for state ones [11]. The judge distinguished the case. It produced no majority rationale, and Scalia called it "of minimal precedential value" [11].

Each side's reading is plausible on its own terms. The Supreme Court has drawn the line sharply in one era and let Congress cross it in another [10][11].

Why one ruling carries so much weight

The order binds only Cox's case. Other judges are free to disagree. The judge also declined to rule on a facial challenge, which would claim the law is invalid in every case [2][6]. An as-applied ruling says only that the law can't be used against this person on these facts. So § 611 stays on the books.

Still, the stakes run past one defendant. The Washington Times reports about 45 similar federal cases are pending nationwide. It says at least four other defendants have raised the same challenge. That count wasn't independently confirmed [4].

The Trump administration has made noncitizen voting a centerpiece of its election-integrity push before the November midterms [2][8]. It has an interest in keeping a 30-year-old federal tool that supports those prosecutions [4][8].

If the 11th Circuit adopts the judge's theory, federal prosecutors in Florida, Georgia and Alabama would lose § 611. Enforcement would shift to the states [4][5].

The reasoning also reaches the SAVE America Act. The House passed that bill 218–213 on Feb. 11, 2026. It would require federal citizenship checks for voters. The vote tally is unverified. The libertarian Cato Institute says the ruling has "big implications" for the bill [6].

Republican backers of the bill say a federal crime is the uniform backstop that makes the rule real in all 50 states. They point to Cox's alleged fake birth certificate as proof that enforcement gaps exist [2][3].

Democrats and voting-rights advocates say the Constitution has always left voter qualifications to the states. They note that states already ban and prosecute noncitizen voting, so no gap exists [3][12]. The Conversation made that argument about the SAVE Act months before the ruling [12].

Critics of the bill say it would burden eligible citizens with new paperwork [6]. Some left-leaning coverage treats the § 611 prosecutions as a political push ahead of the midterms [8].

Same order, different headlines

The headlines split along familiar lines. CBS wrote that the judge "says" the law is unconstitutional. Its story noted the ruling covers only Cox and carried the Justice Department's objection [1].

Fox News first put "Activist judge" in quotation marks. The Washington Times called him a "Biden judge" in two headlines. Both stress his appointment by President Joe Biden [2][4][5]. The Gateway Pundit's headline began "COMMIES IN THE COURT."

Fox's "cannot bar noncitizens from voting" can suggest noncitizens may now vote. The judge said states can and do ban it [2][3]. The Times did report two useful facts others skipped: the Friday appeal and the 45 pending cases [4][5].

On the other side, NBC said the judge "guts" the law and tied it to "Trump administration's election push" [8]. Pakistan's Geo News said he "strikes down" the "Trump administration's ban" [11]. Both verbs overstate an as-applied ruling, and the law dates to 1996.

Al Jazeera ran a mostly straight account. It added the fake birth certificate and the 2012 registration, and set the case inside the administration's midterm push [3].

Cox's defense argued Congress lacked the power to pass the statute. The court agreed as applied to her [1][13]. The charge is dismissed for now. It could come back if the 11th Circuit reverses [3][5].

What happens there will decide whether federal prosecutors keep § 611 in three states. If the court rules against the government, the question may head toward the Supreme Court [4][6].

Like this article?

Share this article

The Bias Ledger average rating 5.3

The same story, as framed by outlets across the spectrum, ordered least to most biased. The bias score (1 = straight, 10 = heavily spun) is an AI assessment of that framing — click an outlet to see its track record. The tell is the word choice or omission that reveals the angle.

OutletVantageBiasHow they frame itThe tell
CBS NewsU.S. center2Judge says federal law banning noncitizen voting is unconstitutionalThe verb 'says' attributes the claim to the judge. The story gives the DOJ's 'deeply disagree' quote and makes clear that the ruling covers only Cox. It does not say 'as applied' in the headline.
Al JazeeraQatari state-funded3Miami judge rules federal noncitizen voting law violates US ConstitutionThis is a mostly straight account with case details others left out (the fake birth certificate, the 2012 registration). It frames the case inside the administration's 'intensified efforts' on noncitizen voting.
The Washington TimesU.S. right5A federal law banned noncitizen voting in 1996. A Biden judge just called it unconstitutional / Trump files speedy appeal after Biden judge rules Congress can't ban noncitizens from votingIt labels the judge by the president who appointed him in both headlines. It also reports useful facts others left out: the Friday notice of appeal and about 45 pending cases.
NBC NewsU.S. center-left5Judge guts noncitizen voting law used in Trump administration's election push'Guts' overstates a ruling limited to one defendant. 'Used in Trump administration's election push' ties a 1996 law mainly to one administration's political goals.
Fox NewsU.S. right6'Activist judge' rules Congress cannot bar noncitizens from voting in federal elections (later shown as 'Florida federal judge rules noncitizen voting ban is unconstitutional')'Activist judge' in quotation marks frames the ruling before the reader reaches the reasoning. 'Cannot bar noncitizens from voting' suggests noncitizens may now vote, when the judge said states can and do ban it. The body does note the ruling is as-applied and non-binding.
Geo NewsPakistani private6Noncitizen voting ruling explained: Federal judge strikes down Trump administration's banIt calls a 1996 statute 'the Trump administration's ban.' 'Strikes down' overstates an as-applied ruling.
The Gateway PunditU.S. far right10COMMIES IN THE COURT: Biden Judge Rules Law That Makes It Illegal for NONCITIZENS to Vote Is UNCONSTITUTIONAL!The name-calling ('COMMIES') and all-caps outrage replace any account of the constitutional reasoning. It leaves out that states still ban noncitizen voting.

References

  1. Judge says federal law banning noncitizen voting is unconstitutional — CBS News · U.S. broadcast network (Paramount Skydance); center
  2. Florida federal judge rules noncitizen voting ban is unconstitutional — Fox News · U.S. right-leaning cable network (Fox Corp.)
  3. Miami judge rules federal noncitizen voting law violates US Constitution — Al Jazeera · Funded by the Qatari state
  4. A federal law banned noncitizen voting in 1996. A Biden judge just called it unconstitutional — The Washington Times · U.S. conservative daily
  5. Trump files speedy appeal after Biden judge rules Congress can't ban noncitizens from voting — The Washington Times · U.S. conservative daily
  6. A Noncitizen Voting Ruling With Big Implications for the SAVE America Act — Cato Institute · Libertarian think tank; donor-funded (historically including Koch family); pro-immigration, skeptical of federal power
  7. US federal judge finds states, not Congress, must regulate voting by noncitizens — JURIST · Legal news service based at the University of Pittsburgh School of Law; center
  8. Judge guts noncitizen voting law used in Trump administration's election push — NBC News · U.S. broadcast network (Comcast/NBCUniversal); center-left
  9. Biden Judge Calls It 'Constitutional Bedrock' to Oppose Federal Ban on Noncitizen Voting — The Daily Signal · U.S. conservative outlet founded by the Heritage Foundation
  10. Arizona v. Inter Tribal Council of Arizona, Inc. — Wikipedia · Crowd-sourced encyclopedia summarizing a 2013 Supreme Court opinion
  11. Noncitizen voting ruling explained: Federal judge strikes down Trump administration's ban — Geo News · Pakistani private broadcaster (Jang Group)
  12. Citizenship voting requirement in SAVE Act has no basis in the Constitution — The Conversation · Nonprofit outlet publishing academics' commentary; this piece argues against the SAVE Act
  13. Judge Leibowitz strikes down § 611 non-citizen voting statute (as applied) — Southern District of Florida Blog · Blog run by a Miami criminal-defense lawyer; defense-bar perspective
  14. Oregon v. Mitchell — Ballotpedia · Nonprofit political encyclopedia (Lucy Burns Institute)