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Immigrant advocates condemn court ruling against voting rights for Caribbean immigrants
Immigration advocates in New York on Thursday condemned a New York Court of Appeals ruling against voting rights for Caribbean and other immigrants in New York City municipal elections.
The New York Immigration Coalition (NYIC), an umbrella immigrant rights organization representing over 200 immigrant groups in New York State, said that the court “erroneously upheld a ruling declaring New York City’s Local Law 11 unconstitutional.”
NYIC said this law, passed in December 2021 and enacted in January 2022, had expanded voting rights in municipal elections to roughly one million immigrant New Yorkers, including Caribbean nationals, with legal permanent residency or work authorization.
The implementation of Local Law 11 was immediately delayed due to a court challenge brought by a group of New York Republican voters, officials, and members of the New York Republican State Committee and the Republican National Committee.
“New York City needs more democracy, not less,” NYIC President and CEO Murad Awawdeh told Caribbean Life. “This year is the 6th anniversary of the Voting Rights Act of 1965, but instead of building on its protections, we have only seen a consistent diminishing of voting rights across the country.
“Expanding voting rights strengthens our communities and improves our school, housing, and public services,” he added. “The nearly one million New Yorkers who won the right to vote in municipal elections with Local Law 11 pay taxes, own businesses, work essential jobs, and contribute to their communities.
“Today’s decision by the New York Court of Appeals to strike down Local Law 11 is a devastating setback for voting rights and disenfranchises the communities that help keep New York City running,” Awawdeh continued. “We strongly disagree with the court’s decision, which undermines the very principles of inclusion that make our democracy strong.”
He said denying Caribbean and other immigrants with legal permanent residency or work authorization the right to vote in local elections is “a grave injustice, stripping them of the ability to influence the policies that govern their daily lives.”
But Awawdeh said that while the decision to overturn Local Law 11 is “upsetting, it will not deter us.
“We remain steadfast in our commitment to fighting for a more inclusive democracy, where all New Yorkers can have a voice in their local communities,” he vowed.
Cesar Ruiz, associate counsel at LatinoJustice PRLDEF, which represented immigrant groups in the case, said that the New York Court of Appeals’ ruling is “a terrible setback for our immigrant communities who contribute so much to the well-being of the city.
“Sadly, this decision aligns with the desires of those in this country who, at this moment, are persecuting immigrants and want to erase their influence and presence in our society and reinforce systemic barriers that actively strip immigrants of opportunities for representation, protection, and inclusion,” he said.
“This ruling further deepens inequalities and sets a dangerous precedent that undermines New York’s legacy as a place that values diversity and equal access to justice,” he added. “LatinoJustice PRLDEF will not stand idly by as our communities are disenfranchised, and we will continue to fight for policies that protect and uplift all New Yorkers, regardless of immigration status.”
Susan Stamler, executive director of United Neighborhood Houses (UNH), said that for more than a decade, her organization has fought alongside partners to expand democracy by allowing more New Yorkers to vote in local elections.
“Today’s Court of Appeals ruling striking down municipal voting rights for legal permanent residents and green card holders is devastating,” she said. “It means tax-paying New York City residents will have fewer options to shape the city they have chosen to call home.
“Still, UNH will continue to support all New Yorkers, including immigrant New Yorkers, to engage in civic life, knowing that our voices are as important today—or more so—than they have ever been,” she added.
In December 2021, the New York City Council passed Local Law 11, known as Our City, Our Vote. This law allows New York City residents who are otherwise qualified to register under New York State election law to vote in municipal elections.
The New York City Mayor enacted it in December 2022.
Before the bill’s passage, Awawdeh said nearly one million New York City residents could not vote in local elections due to their citizenship status despite paying taxes and being invested in and contributing to the city.
However, in January 2022, Awawdeh said a group of New York Republican voters, officials, and members of the New York Republican State Committee and the Republican National Committee filed a legal challenge “seeking to subvert the will of the New York City Council and newly enfranchised New Yorkers.”
Prior to pushing for its passage, Awawdeh said NYIC, assisted by a pro-bono legal team, conducted “a rigorous legal review of Intro 1867/Local Law 11 and found that the bill did not violate New York State’s electoral laws or its constitution.”
In February 2024, the NYS Supreme Court Appellate Division, Second Department, ruled in favor of the Republicans, calling the law unconstitutional.
Awawdeh noted that one member of the four-judge panel issued a dissenting opinion on the decision.
In March 2024, the New York City Council and lawyers with LatinoJustice PRLDEF representing the interveners appealed that decision.
With Local Law 11 of 2022, New York City Council Speaker Adrienne Adams said the Council sought “to strengthen our city’s democratic process and increase civic engagement by enfranchising the hundreds of thousands of New Yorkers who pay taxes and contribute to our communities but are unable to make their voices heard in local elections.
“From the outset, this case presented complex legal questions regarding the State Constitution, Election Law, and the Municipal Home Rule Law,” she said. “We appreciate the majority’s affirmation that the local law did not need to be passed by referendum, but we disagree that the State Constitution bars municipalities from expanding the local franchise to noncitizens, as noted by Justice Rivera in her dissent.
“While we are disappointed with today’s overall ruling, we respect the judiciary’s role in our democracy in making these decisions,” she added. “The Council, as always, will continue to support and protect our immigrant community members.”
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