Defendants challenge constitutionality of 1996 noncitizen voting law amid Trump deportation push

Five individuals charged in separate federal cases in Miami and Madison have filed motions asserting that the 1996 law criminalizing noncitizen voting exceeds Congress's constitutional power. They argue that voter eligibility is a state matter and that federal prosecution is improper. The Justice Department, citing Supreme Court precedent, maintains that Congress has clear authority to protect election integrity and that the statute targets immigration, not state elections.

The Trump administration's recent push to deport alleged noncitizen voters has heightened the defendants' concerns, as prior penalties were modest fines. Trials for the five cases are set to begin between early October and mid-December, with a ruling potentially influencing the upcoming midterm elections. A separate sixth case involving Wilner Renaud proceeded to trial without a dismissal motion.