Skip to content
Timeblitzed - News, latest news, breaking news Timeblitzed - News, latest news, breaking news Timeblitzed - News, latest news, breaking news
Timeblitzed - News, latest news, breaking news Timeblitzed - News, latest news, breaking news Timeblitzed - News, latest news, breaking news
  • US
  • World
  • Politics
  • Sports
  • Opinion
  • Entertainment
  • Health
  • Lifestyle
  • US
  • World
  • Politics
  • Sports
  • Opinion
  • Entertainment
  • Health
  • Lifestyle
Close

Search

Florida federal judge rules noncitizen voting ban unconstitutional
US

Florida federal judge rules noncitizen voting ban unconstitutional

By Time Blitzed
October 3, 2026 5 Min Read
0

NEWYou can now listen to Fox News articles!

A Biden-appointed judge is being labeled an “activist judge” by conservative critics after ruling that the federal government’s application of a law barring noncitizens from voting in elections violates the Constitution in a federal criminal case.

In a 31-page ruling, U.S. District Judge David Leibowitz of the Southern District of Florida dismissed federal charges against Chelsea Cox, a woman originally from Jamaica who voted in the 2020 presidential election, despite not being a U.S. citizen. The ruling comes as the Trump administration has intensified efforts to prevent noncitizens from voting, including through federal prosecutions and attempts to verify citizenship on state voter rolls, sparking legal battles with Democratic-led states and voting-rights groups. President Donald Trump’s election integrity efforts have been driven in large part by his and his allies’ belief that the 2020 election was “stolen” — an unproven claim he continues to maintain.

Leibowitz ruled that the Constitution gives states — not Congress — the authority to determine who qualifies to vote in elections, effectively ruling that a provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) criminalizing noncitizen voting in federal elections is unconstitutional as applied to Cox.

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

WATCH: MIKE LEE EXPLODES ON VOTING ERROR THAT ‘KEEPS HAPPENING’ AS HUGE NUMBER OF NONCITIZENS FOUND ON ROLLS

PROVO UT – NOVEMBER 08: Voters cast their ballots at the Utah County Justice and Health center on November 8, 2022 in Provo, Utah. After months of candidates campaigning, Americans are voting in the midterm elections to decide close races across the nation. (Photo by George Frey/Getty Images) (George Frey/Getty Images)

The ruling garnered sharp blowback from Sen. Mike Lee, R-Utah, who is co-author of the Safeguard American Voter Eligibility (SAVE) Act, which is currently being stalled in the Senate and unlikely to be passed before the midterm elections.

“This insane ruling will certainly be overturned,” Lee wrote on X. “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 senior legal fellow with Advancing American Freedom, agreed that Leibowitz’s ruling will most likely be “squashed” 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 told Fox News Digital. “It is true that states have the constitutional authority to set the qualifications of citizens who are eligible as voters in federal elections. But he ignores the fact that in Article I, Section 8, Congress is given 100% authority over naturalization.”

Spakovsky said the Constitution gives Congress authority to decide how noncitizens enter the country and what activities they may engage in once here.

“That gives the federal government the authority to ban aliens from voting or otherwise in any way participating in the democratic process,” Spakovsky said.

STATE DEPARTMENT CONSIDERS SHARING PASSPORT RECORDS FOR VOTER CITIZENSHIP CHECKS

mike-lee-angry

Sen. Mike Lee, R-Utah, is calling out resistance to the SAVE America Act after Reuters reported that more than 30,000 noncitizens were discovered on U.S. voter rolls. (Stefani Reynolds-Pool/Getty Images)

Spakovsky pointed to Bluman v. FEC , a 2011 decision written by then-Judge Brett Kavanaugh and later summarily affirmed by the Supreme Court, which upheld restrictions on foreign nationals’ campaign spending. The opinion said the government may exclude noncitizens from activities tied to democratic self-government.

“The Supreme Court has long held that the government (federal, state, local) may exclude foreign citizens from activities that are part of the democratic self-regulation in the United States,” Kavanaugh wrote. “For example, the Supreme Court has ruled that the government may bar aliens from voting, serving as jurors, working as police or probation officers, or teaching at public schools.”

However, Bluman v. FEC involved campaign contributions and expenditures, not a federal criminal prosecution for voting.

Anhishek Kambil, a partner at Holtzman Vogel Law Firm, said he’d be “surprised” if the federal government did not prevail in its appeal.

Kambil pointed to Oregon v. Mitchell, in which the Supreme Court ruled the the government had the authority to set voting age in federal elections, which would be a voter qualifier.

“So the Supreme Court has held, in an instance, that there is federal government authority to regulate in certain instances some types of qualifications of voters, but the way that this judge read it kind of made everything a mess,” Kambil told Fox News Digital.

Leibowitz rejected the federal government’s argument that the Constitution grants Congress total authority over regulating immigration and noncitizens.

President Donald Trump arrives for White House Rose Garden dinner.

President Donald Trump arrives to host a dinner in the Rose Garden of the White House on Sept. 2, 2026, in Washington, D.C. Trump invited Republicans running in competitive races ahead of the November elections. (Kevin Dietsch/Getty Images)

DHS APPROVES PLAN TO VERIFY VOTER CITIZENSHIP, MONITOR MAIL BALLOTS AS TRUMP PUSH INTENSIFIES

While he acknowledged that Congress has “broad, undoubted power” over immigration and noncitizens; he said those powers are not “a series of blank checks” and cannot override the Constitution’s “foundational constitutional constraints” assigning voter-qualification authority to the states.

The judge also rejected the federal government’s reliance on the Elections Clause, which allows Congress to regulate how states conduct federal elections, including by passing laws to combat voter fraud. Leibowitz said the statute at issue was not designed to regulate election procedures or prevent fraud but instead created a federal voter qualification by determining who could vote.

SIGN UP TO GET THE POLITICS NEWSLETTER

While Leibowitz ruled that the federal government cannot continue prosecuting Chelsea Cox, Florida would still have the authority to bring state charges.

CLICK HERE TO DOWNLOAD THE FOX NEWS APP

President Joe Biden nominated Leibowitz to the federal bench in 2024. The Senate confirmed him, 64-33, in a bipartisan vote, with then-Sen. Marco Rubio, R-Fla., voting in favor. Thursday’s ruling is his most politically consequential decision from the bench to date.

Elaine Mallon is a writer for Fox News Digital and Fox Business covering national politics. 

Tags:

banFederalFloridajudgenoncitizenrulesunconstitutionalvoting
Author

Time Blitzed

Follow Me
Other Articles
Media sinks to new low by digging up tweets that got announcer fired by cowardly Blazers
Previous

Media sinks to new low by digging up tweets that got announcer fired by cowardly Blazers

FlyDubai hijacking attempt draws media criticism over motive framing
Next

FlyDubai hijacking attempt draws media criticism over motive framing

No Comment! Be the first one.

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recent Posts

  • Underdog UFC Promo Code FOXNEWS: Play $5, Get $100 on Your UFC 332 Picks
  • The Killers frontman Brandon Flowers goes country with ‘Thrasher’
  • Caesars Sportsbook Promo Code FOXNEWSDYW: Get 10x 100% Profit Boosts for UFC 332
  • FanDuel Promo Code: Get a $250 Bonus for UFC 332
  • White Sox closer Grant Taylor records rare four-inning save as Chicago steals Game 1 of ALDS over Guardians

About time Blitzed

Stay Informed. Stay Ahead.

Time Blitzed brings you timely news, important updates, and useful stories from around the world. We cover current events, technology, AI, business, finance, jobs, lifestyle, entertainment, health, and other topics that matter to today’s readers.

Our goal is simple: to make important information easy to find, understand, and follow.

Explore the latest stories and stay connected with what’s happening around you.

Info Links

  • About us
  • Contact us
  • Disclaimer
  • Privacy Policy
  • Terms and Conditions
Copyright 2026 — Time Blitzed. All rights reserved. Timeblitzed.com