Court Revives Legal Challenge on Non-Citizen Voting in D.C.
An appeals court has recently reinstated discussions around laws that permit non-citizens, including undocumented immigrants, to participate in local elections.
A judge appointed by Obama in March 2024 dismissed attempts by plaintiffs to challenge the District’s law allowing certain non-citizens to vote in local elections. However, on Friday, the appeals court revived that challenge, indicating that the law might undermine the voting power of citizens.
Judge Raymond Randolph, appointed to the D.C. Circuit Court by George H.W. Bush, stated in court documents, “As long as each individual can demonstrate clear and concrete harm, we don’t penalize plaintiffs for possibly having a stake in the situation. The alternative would mean that if everyone is equally disadvantaged, we can’t support governmental actions.”
Randolph elaborated, “For instance, the municipality intends to ensure that all residents are eligible to vote. The injuries claimed by the plaintiffs are specifically tied to the votes they wish to cast in the elections. Those claims are enough to warrant legitimate concerns.”
The D.C. Council passed the 2022 Local Resident Voting Rights Amendment Act in October, which affords even green card holders and undocumented immigrants the right to vote in local elections starting in 2024.
Republican lawmakers have long opposed such local laws, asserting that they dilute the voting power of American citizens by allowing non-citizens to participate in elections. An estimated 90,000 immigrants live in the Columbia area, according to the Migration Policy Institute.
In May 2024, the House approved legislation aimed at repealing the D.C. voting law, but it stalled in the Senate, which was then led by Democrats. The bill is expected to progress through the House again in early June, with better chances of reaching President Trump’s desk in a Republican-controlled Senate.
Texas GOP Representative August Pfluger, who sponsored the House bill, expressed praise for the appeals court’s decision, calling for increased attention to concerns about non-citizen voting diluting residents’ voting rights.
Pfluger added, “It’s simple: they shouldn’t be allowed to vote in U.S. elections. This underscores the importance of quickly passing my bill regarding non-citizen voting in D.C. so that the President can sign it and uphold the integrity of elections there.”
The Trump administration has actively worked to curb non-citizen voting by improving access to federal databases for state officials to verify citizenship and prevent ineligible individuals from casting ballots.
While the recent ruling does not entirely invalidate the D.C. voting law, it requires district judges to reevaluate the case. Voting in federal elections remains against federal law.
