Group Sues to Block DC Law Allowing Immigrants to Vote in Local Elections

A good-government group is suing the District of Columbia to block its new law allowing immigrants—legal or otherwise—from voting in local elections.

The law was passed by Congress on March 14 and became effective after Congress failed in its repeal. It allows an estimated 50,000 non-citizen residents, including illegal immigrants, to participate at local district elections.

Critics argue that allowing non-citizens to vote at U.S. election levels dilutes U.S. citizenship, weakens civic values, and dilutes U.S. citizen votes.

These voters claim that this voting violates their fundamental constitutional right to vote and denies them equal protection under the law.

The Local Resident Voting Rights Amendment Act of 2022, allows noncitizens—who are at least 18 on election day who have lived in the District for at least 30 days prior to the election, and who have not been found by a court of law to be ineligible to vote—to cast a ballot in local elections.

The measure was supported almost unanimously by the D.C. Council. Mayor Muriel Bowser signed it into law, a Democrat.

Charles Allen, a Democrat Council member and Act Supporter, said Sept. 27, 2022 that the law was required because “immigrants, whether naturalized citizens, legal permanent residents, asylum seekers, DACA recipients, undocumented residents, or otherwise are valued members of our community. They are us.”

DACA stands for Deferred Action for Childhood Availals. This federal policy protects certain immigrants who arrive in the United States early from deportation and gives them a work permit.

Critics claim DACA is an immigration amnesty.

“Immigrants care deeply about issues affecting their communities and families like gun control, climate change, health care, affordable housing, quality schools, access to healthy food—issues that affect all residents and are directly influenced by our local government,” He said.

“Our non-citizen neighbors, many of whom have lived, worked, and raised a family in the district for decades deserve the opportunity to have a stake in their government and determine their own leaders just as we all do,” Allen said.

Although the District of Columbia is not a state, citizens of the federal enclave of the United States have been allowed to vote since 1978, when the 23rd Amendment to U.S. Constitution was in effect.

The district is heavily Democrat, and it has voted overwhelmingly to elect the Democrat presidential nominee in every general election that has been held since the amendment was ratified.

Home rule provisions allow laws that are enacted by D.C. Council, elected by district voters to be overturned by agreement of both houses.

The U.S. House of Representatives voted on February 9 to disapprove the local law. However, the U.S. Senate didn’t follow suit, so the law went into effect.

Christopher Hajec is the director of litigation for the Immigration Reform Law Institute (IRLI). He represents the plaintiffs and denounced the law.

“This law—and others like it that are popping up around the country—is a direct attack on American self-government,” Hajec made the statement in a statement to The Epoch Times.

“The proponents of this law claim it gives citizens of foreign nations a ‘voice’ in the affairs of the city they reside in. But they already have a voice, protected by the First Amendment.

“They can freely speak, write, and attend council meetings. This law not only gives foreign citizens a voice, but also gives them the ability to vote. Politicians will undoubtedly have to answer to this.

“That transfer of power flies in the face of the clear right of the American people to govern themselves,” He said.

At least 15 municipalities in the United States have authorized noncitizens to vote in local elections, including major cities such as San Francisco and New York. New York City’s law that would have allowed an estimated 800,000. noncitizens to vote in local elections was rejected by a court because it violated the state constitution.

Dale Wilcox is the executive director of IRLI and general counsel. “The sovereign of this democratic nation is the people, U.S. citizens.”

“When their power is eroded, our nation begins to lose its independence. And that erosion will escalate. If laws like this are not struck down, next there will be calls in many states to allow aliens to vote in statewide and even federal elections,” Wilcox spoke.

Stacia Hall, the Republican candidate in District Mayor 2022, is the plaintiff in the D.C. suit. All seven of the plaintiffs are U.S citizens.

Hall v. District of Columbia Board of Elections, a legal complaint was filed in the District of Columbia Superior Court on February 14.

D.C. was sued by Republicans in Winooski, Vermont to stop a local ordinance allowing foreigners to vote in elections for school boards.

The Epoch Times reached the D.C. Board of Elections to get their opinion, but they did not respond as of press time.