Noncitizens accused of illegal US voting challenge Trump's authority to prosecute them
WILMINGTON, Delaware, Sept 15 -
asserted
Noncitizens → accuse → them
As U.S. President Donald Trump seeks to crack down on what he says is widespread illegal voting by noncitizens, several people charged with that crime are trying a novel strategy to get their cases dropped.
asserted
cases → seek → strategy
Five people being prosecuted in separate federal cases in Miami and Madison, Wisconsin, have argued for the first time in court that the 1996 law used to charge them is unconstitutional, according to a Reuters review of court filings.
uncertain
law → prosecute → filings
A ruling for the defendants, which could come before the November 3 midterm elections, would raise questions about the federal government's authority to prosecute noncitizen voting cases.
uncertain
which → come → cases
The Trump administration has pushed to deport noncitizen voters, raising the stakes for defendants who previously faced as little as a $150 fine if convicted.
asserted
who → push → fine
The defendants were accused of violating the federal "Voting by Aliens" statute enacted three decades ago.
asserted
defendants → accuse → statute
The law makes it illegal for noncitizens to vote in federal elections, and violators can be fined up to $100,000 or imprisoned for up to a year.
asserted
violators → make → year
In the five cases identified by Reuters, defendants have asserted that the right to determine voter qualifications is reserved for U.S. states under the Constitution.
asserted
right → identify → Constitution
While all states require voters to be citizens, the defendants argue that it is up to states to prosecute a violation, not the federal government.
asserted
it → require → violation
Trump's Justice Department has argued that the Supreme Court has recognized that Congress has the authority to protect the integrity of elections and has passed laws such as one criminalizing repeat voting in the same election.
asserted
Congress → argue → election
In addition, the DOJ has argued the statute does not regulate elections but focuses on immigration, where Congress has clear authority to legislate.
asserted
Congress → argue → authority
The DOJ compared it to Congress limiting election campaign contributions by foreign nationals, which courts have upheld.
asserted
courts → compare → which
Defendants in the five cases hope the judges rule to dismiss the charges on constitutional grounds before their trials start.
asserted
trials → hope → grounds
That is due as soon as October 5, with the last of the five scheduled to begin December 14.
asserted
last → schedule → five
Trump, who has repeatedly made unsubstantiated claims of widespread election fraud and questioned the legitimacy of U.S. election results, has said that noncitizen voting is a widespread problem that undermines the integrity of U.S. polls.
uncertain
that → make → polls
But a Reuters analysis published on July 19 showed noncitizen voting is incredibly rare.
asserted
voting → publish → July
Only 129 people have been charged in the 30-year history of the law.
asserted
people → charge → law
The typical defendant was a lawful permanent resident with deep community ties who voted in the mistaken belief they were allowed to do so.
asserted
they → vote → belief
In the midterm elections, when presidents' parties usually suffer losses, Trump's Republicans are fighting to retain control of Congress.
asserted
Republicans → suffer → Congress
The president's repeated claims about widespread noncitizen voting could be part of an effort to sow doubts about the election's legitimacy if Democrats take control of Congress, experts have said.
uncertain
experts → repeat → Congress
Until Trump's second term, most defendants charged with noncitizen voting worked out deals to plead guilty and were often sentenced to fines of around $150, similar to a speeding ticket.
asserted
defendants → charge → ticket
However, the Trump administration began pushing to deport noncitizen voters last year, raising the stakes for defendants.
asserted
administration → begin → defendants
The first constitutional challenge to a noncitizen voting case was raised in March by Christian Erazo Valdez, a citizen of Ecuador, according to records from the federal court in Madison, Wisconsin.
uncertain
challenge → raise → Madison
He was charged in October with voting in the 2024 presidential election.
asserted
He → charge → election
A ruling on his motion for dismissal is expected soon.
asserted
ruling → expect → dismissal
Another judge will hear oral arguments on Tuesday on the constitutional argument.
asserted
judge → hear → argument
U.S. District Court Judge David Leibowitz in Miami is overseeing a case against Chelsea Cox, a Jamaican woman charged with voting in the 2020 federal election.
asserted
Leibowitz → oversee → election
In June, he signaled that he wanted outside advice on the constitutionality of the statute.
asserted
he → signal → statute
The judge enlisted Paul Clement, former solicitor general in the administration of Republican President George W. Bush, who submitted a 43-page report to the court in July that said Congress likely did not have authority to enact the law, although he also said it was "not entirely clear-cut."
asserted
it → enlist → law
In addition to the five cases, a judge in a sixth case denied a defendant's motion for dismissal, siding with the Justice Department.
asserted
judge → deny → Department
That was Judge Jacqueline Becerra in Miami on September 9 in a case against Wilner Renaud, a Haitian citizen who entered the United States in 1993, according to court records.
uncertain
who → enter → records
Renaud had a pending application for U.S. citizenship when he voted in the 2022 federal election and told government investigators he thought he was a U.S. citizen, according to court records.
uncertain
he → have → records
Renaud's case went to trial on Monday.
asserted
case → go → Monday
The Aporia
