Noncitizens facing federal charges for allegedly voting illegally are challenging the Trump administration’s power to prosecute them.
Five defendants in Miami and Madison, Wisconsin, have raised the issue. They want courts to review the federal law used in their cases.
The defendants say states have broad power over voting rules. Therefore, they question the federal government’s power to bring these charges.
The Justice Department disagrees. Prosecutors say Congress can protect federal elections.
As a result, the cases could test federal power over elections. They could also affect future noncitizen voting cases.
Key Takeaways
- Five defendants are challenging federal voting prosecutions.
- The cases involve the 1996 Voting by Aliens statute.
- The defendants question federal power to prosecute them.
- Their lawyers point to state control over voting rules.
- The Justice Department defends federal prosecution power.
- A Miami judge has rejected a similar challenge.
- That defendant was later found not guilty by a jury, according to his attorney.
- Federal prosecutors continue to bring noncitizen voting cases.
- The cases could clarify federal and state election powers.
Why Noncitizens Challenge the Law
The defendants are challenging more than the facts of their cases.
Their lawyers also question the government’s power to prosecute them.
The cases involve 18 U.S.C. § 611. This federal law bars certain noncitizens from voting in federal elections.
Congress passed the law in 1996. It was part of a larger immigration law.
Federal prosecutors still use the law. However, the defendants say Congress may not have had the power to create this crime.
Defendants Point to State Voting Powers
The defense argument focuses on state power.
States set many voting rules. They also run most elections.
Therefore, the defendants say states should handle voter eligibility issues.
Their lawyers argue that federal prosecutors should not control these cases.
The issue could affect more than five defendants. A ruling against the government could limit future
noncitizen voting prosecutions.
DOJ Defends Its Authority
The Justice Department takes a different view.
Federal prosecutors say Congress can protect federal elections. They also point to federal powers over immigration and citizenship.
Therefore, the government says the 1996 law is valid.
The DOJ also says federal and state election laws can work together.
That point could matter as judges review the cases.
Meanwhile, federal prosecutors continue to bring new cases.
In September, federal prosecutors in Texas charged seven noncitizens. The cases involve alleged illegal voting or false claims of U.S. citizenship.
Five Cases Raise Questions
Five defendants in Miami and Madison have raised the same basic issue.
They want courts to dismiss their charges before trial.
Some cases are moving forward before the November 2026 midterm elections. As a result, the rulings could draw attention.
Wisconsin Case Draws Attention
One challenge comes from a federal case in Madison.
Ecuadorian citizen Christian Erazo Valdez has challenged the federal voting law.
Prosecutors accuse him of voting in the 2024 presidential election.
His case could provide another test of federal power.
Wisconsin has also seen other cases involving alleged noncitizen voting.
In September, prosecutors charged a Mexican citizen with allegedly voting in the 2022 election.
Miami Case Adds Another Test
The dispute has also reached federal court in Miami.
U.S. District Judge David Leibowitz heard arguments in the case involving Chelsea Cox.
Prosecutors charged the Jamaican citizen with voting in the 2020 election.
The judge has not yet ruled on her challenge.
Meanwhile, another Miami judge has already considered a similar case.
Judge Rejects One Challenge
U.S. District Judge Jacqueline Becerra previously rejected a request to dismiss charges against Wilner Renaud.
Renaud, a Haitian citizen, faced charges tied to a 2022 vote.
Becerra rejected his constitutional argument.
However, Renaud was later found not guilty by a jury, according to his attorney.
These results involve different legal questions.
A judge can uphold a law. At the same time, a jury can find a defendant not guilty.
Therefore, a ruling on the law does not decide the facts of every case.
What Is the Voting by Aliens Act?
The Voting by Aliens statute, 18 U.S.C. § 611, covers noncitizen voting in federal elections.
The law makes it a federal crime for certain noncitizens to vote when they are not allowed to do so.
The statute also sets criminal penalties.
Federal prosecutors continue to use the law.
Recent cases involve alleged noncitizen voting in several states.
For example, prosecutors in Hawaii charged a Filipino national with allegedly voting in two federal elections.
Another Hawaii defendant faced charges after allegedly voting in the 2024 general election.
However, a criminal charge is only an allegation. Prosecutors must prove the case in court.
Noncitizen Voting Cases
The legal challenges come as the Trump administration focuses more on alleged noncitizen voting.
Data shows that 129 people were charged under the federal law during its first 30 years.
Many earlier cases ended with guilty pleas.
Some defendants also received small fines.
However, federal enforcement has received more attention during Trump’s second term.
Some defendants may also face immigration consequences.
Meanwhile, the Justice Department has brought new cases during 2026.
For example, federal prosecutors in New Jersey charged a resident alien with allegedly voting in a federal election.
The case also involves alleged false statements during a citizenship application.
In another Texas case, a British citizen pleaded guilty to illegal voting.
That case also involved a false claim of U.S. citizenship.
These cases show that federal prosecutors continue to use the law in noncitizen voting cases.
Why the Cases Matter
The cases raise a larger question about
federal election power.
States play a major role in voting. They also manage elections.
At the same time, Congress has powers over federal elections and immigration.
The courts must now decide how these powers work together.
For defense attorneys, the cases could create new legal arguments.
For federal prosecutors, the rulings could define the reach of the 1996 law.
Law students may also follow the cases closely.
The disputes involve constitutional law, criminal law, immigration and elections.
What Happens Next?
Federal courts will review the legal arguments.
The defendants want their federal charges dismissed.
A ruling for the defendants could affect future cases under the Voting by Aliens statute.
On the other hand, a ruling for the government could allow prosecutors to keep using the law.
Either result could give courts and lawyers new guidance.
The cases could also shape future disputes over federal election power.
FAQs
Can noncitizens vote in U.S. federal elections?
Federal law generally bars noncitizens from voting in federal elections.
The Voting by Aliens statute addresses this conduct.
What is the Voting by Aliens law?
The Voting by Aliens law refers to 18 U.S.C. § 611.
Congress enacted the law in 1996.
Why are noncitizens challenging the law?
The defendants argue that federal prosecutors lack constitutional power to prosecute them.
Their argument focuses on state control over voting rules.
What does the Justice Department argue?
The DOJ says Congress has the power to protect federal elections.
It also points to federal powers over immigration and citizenship.
Has a court rejected this argument?
Yes.
U.S. District Judge Jacqueline Becerra rejected a similar challenge involving Wilner Renaud.
However, Renaud was later found not guilty by a jury, according to his attorney.
Are federal prosecutors still bringing noncitizen voting cases?
Yes.
Federal prosecutors have announced several cases involving alleged noncitizen voting during 2026.
What could these cases change?
The rulings could clarify federal power to prosecute alleged noncitizen voting.
They could also define the limits of state and federal election power.
Are voting charges the same as convictions?
No.
A criminal charge is an allegation.
Prosecutors must prove the charge beyond a reasonable doubt.
A defendant remains presumed innocent unless convicted.
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