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Controversial Law that Granted Voting Rights to Non-Citizen Immigrants in NYC

A Staten Island judge found a city law to grant about 800,000 non-citizens voting rights in municipal elections violates state law.

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NEW YORK, NY — A controversial law that granted voting rights to non-citizen immigrants in New York City got struck down by a Staten Island judge.

Justice Ralph Porzio ruled Monday that the law violates the state’s constitution — a finding that effectively granted a legal victory to a cadre of local Republicans and could set back advocates’ efforts to roughly 800,000 city residents with green cards a voice in municipal elections and on local ballot initiatives.

“The New York State Constitution explicitly lays the foundation for ascertaining that only proper citizens retain the right to voter privileges,” Porzio wrote. “It is this Court’s belief that by not expressly including non-citizens in the New York State Constitution, it was the intent of the framers for non-citizens to be omitted.”

The law was controversial since City Council members in December voted 34-14 over it.

Proponents argued that New Yorkers with green cards and those with the legal right to work in the United States should have a voice in the city in which they live.
But several Council members, Republicans and even former mayor Bill de Blasio argued that doing so would overstep the law.

Still, de Blasio didn’t veto the bill and Mayor Eric Adams, who likewise had misgivings, let it slip into law without his signature.

The law’s passage prompted prominent Republicans such as Staten Island Borough President Vito Fossella, Council Minority Leader Joseph Borelli and Rep. Nicole Malliotakis to sue.

They argued that the law would effectively dilute citizens’ votes.

“I stand with the vast majority of New Yorkers who are pleased to see the court strike down Democrats’ shameful attempt to dilute the voices of American citizens by allowing non-citizens to vote,” Malliotakis tweeted.

Borelli said in a statement that the state’s law are clear that only citizens can vote.

“I commend the court in recognizing reality and reminding New York’s professional (protester) class that the rule of law matters,” he said.

Advocates with the New York Immigration Coalition vowed to support an appeal, of which city officials had yet to commit as of Monday afternoon.

“We refuse to allow today’s verdict to further the disenfranchisement of Black and brown communities in New York City,” said Murad Awawdeh, the group’s executive director, in a statement.

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