(from the Sept. 15, 2026 Reuters article “Noncitizens accused of illegal US voting challenge Trump’s authority to prosecute 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.
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.
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. 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.
The defendants were accused of violating the federal “Voting by Aliens” statute enacted three decades ago. 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.
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