As President Trump ramps up efforts to combat noncitizen voting, five defendants in federal cases in Florida and Wisconsin are arguing that the federal law used to charge them is unconstitutional.
They claim states, not the federal government, have the authority to set and enforce voter qualifications. A ruling in their favor could reshape how noncitizen voting cases are prosecuted.
What’s at stake?
The cases challenge a 1996 federal law that bars noncitizens from voting in federal elections.
The cases have assumed a new significance under the Trump administration, which has sought to deport noncitizen voters. Previously, many defendants pleaded guilty and received relatively minor fines.
The DOJ argues Congress has clear authority to protect election integrity and that the law falls within its immigration powers. Government lawyers warn that striking down the statute could also cast doubt on other federal election laws.
Key cases to watch
A Wisconsin judge is expected to rule soon on a motion to dismiss charges against an Ecuadorian citizen accused of voting in the 2024 election.
In Miami, a federal judge recently heard arguments in a similar challenge. A court-appointed legal expert concluded Congress likely lacked authority to enact the law, though he said the issue is not clear-cut.
Bigger picture
Despite Trump's repeated warnings about noncitizen voting, a Reuters analysis found such cases are rare. Just 129 people have been charged under the law in its 30-year history, with many saying they mistakenly believed they were eligible to vote.
Several rulings are expected before the November midterm elections, potentially setting up a broader fight over federal election enforcement.
Tom Hals has more here.
