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Noncitizens accused of illegal US voting challenge Trump's authority to prosecute them
Several defendants say the Constitution bars their prosecutions, testing a Trump-backed effort to punish noncitizen voting as federal cases move forward.
Individuals charged with illegal voting are challenging federal prosecutions in Delaware, employing a novel strategy to seek case dismissals as President Donald Trump cracks down on the issue.
The defendants argue the federal statute used to charge them is invalid, asserting that the right to determine voter qualifications is reserved for states rather than federal authorities.
Federal authorities contend the legislative body has the authority to prosecute violations, which carry potential prison penalties for noncitizen voting.
A ruling for the defendants, which could arrive before the upcoming midterm elections, would raise questions about election integrity and laws such as those criminalizing repeat voting.
Republican efforts have focused on enacting legislation to secure the electoral process and ensure the legitimacy of future outcomes, following broader trends in national voting policy.