Friday

06-06-2025 Vol 1983

New York City’s Noncitizen Voting Law Overturned by State’s Highest Court

For nearly two decades, the issue of granting noncitizens the right to vote has captivated progressive circles in New York City.

Efforts to extend voting rights to noncitizens in municipal elections have faced numerous setbacks.

However, on December 9, 2021, a significant legislative milestone was achieved when the city council voted to allow all ‘legal residents’ to participate in local elections, igniting fervent celebrations among advocates and supporters.

Carlina Rivera, a City Council member, articulated the sentiment during the vote, stating, “So, we live in a democracy, but nearly one million New Yorkers with a green card or work authorization are not going to be able to vote in our local election.

Well, that changes today!”

The passage of the bill was hailed as a historic victory, emblematic of democracy finally realizing its principles.

Yet, the euphoria was short-lived.

In March 2025, New York State’s highest court declared the law illegal, igniting a wave of criticism and disappointment among supporters.

From the outset, legal experts had raised concerns that the legislation conflicted with the state constitution, which specifically stipulates that “[e]very citizen shall be entitled to vote at every election.”

This clear delineation restricting voting rights to citizens was largely dismissed by advocates, some of whom either overlooked the constitutional language or made dubious arguments regarding its implications.

At the time of the law’s approval, many observers, including then-City Council Speaker Corey Johnson, were skeptical about its longevity, with Johnson implying that the immediate triumph took precedence over any potential legal consequences.

“The instant of victory is more important than the actual prize,” he suggested, reflecting a prevailing attitude among progressives that seemed to prioritize symbolic victories.

As the legal battle progressed, the judicial system consistently ruled against the law, with judges at multiple levels declaring it invalid.

Despite these setbacks, activists remained undeterred, holding demonstrations outside City Hall and other venues, clamoring for the right of new arrivals to participate in local elections.

Chants of “Our city, our vote!” echoed as advocates sought to rally support amid ongoing court proceedings.

In June 2023, as the city council pursued an appeal, a representation from the Asian American Legal Defense and Education Fund elaborated on the need for Asian New Yorkers to have a voice, underscoring the community’s engagement in the legal process.

However, by February 2024, the council’s appeal had faltered, marking a turning point in the ongoing struggle.

With growing apprehension, advocates prepared for the outcome of the city’s second appeal in February 2025.

As anticipated, the ruling came swiftly, with six of seven justices—predominantly liberal—upholding that the New York Constitution explicitly reserves the right to vote for citizens.

For advocates, this pronouncement was felt deeply, with many expressing dismay at the setback for immigrant communities.

Cesar Ruiz, associate counsel at LatinoJustice PRLDEF, lamented that the ruling constituted a significant hurdle for immigrant groups who contribute immensely to the city’s vibrancy.

In the aftermath of the legal decision, attention swiftly shifted to new initiatives.

Organizations like the New York Immigration Coalition, once at the forefront of the push for noncitizen voting, have redirected their focus, now rallying around other pressing causes.

Make the Road, another prominent immigrant advocacy group, has initiated efforts to promote its “Deportation Defense Manual,” indicative of the shifting priorities within the community.

Despite the difficulties faced, the immigrant advocacy network in New York City, bolstered by substantial taxpayer funding, continues to operate vigorously—adapting to each emerging crisis as they arise.

image source from:https://www.city-journal.org/article/new-york-city-noncitizen-voting-law-illegal

Abigail Harper