Justice declares the right to vote of non-citizens illegal in New York

The ruling affects a law enacted by Eric Adams in 2022, which was going to benefit about 800,000 people.

The New York Justice determined that the law that allowed non-citizens to vote in elections is unconstitutional, since it violates the state Constitution and municipal laws. This ruling is pronounced at a time when the most populated city in the country is suffering an unprecedented immigration crisis, with the daily arrival of thousands of illegal immigrants.

The ruling issued by the Appellate Division of the Second Judicial Department affects around 800,000 people who were granted the right to vote just over two years ago. "We determine that this local law was enacted in violation of the New York State Constitution and Municipal Home Rule Law, and thus, must be declared null and void," the Justice wrote in the ruling.

In addition, the organization said that, despite the fact that the state Constitution contains the phrase "every citizen shall be entitled to vote...", "there is no reference to non-citizens, and thus, an irrefutable inference applies that non-citizens were intended to be excluded from those individuals entitled to vote in elections."

Eric Adams signed the law

On January 1, 2022, Eric Adams was sworn in as mayor of New York after achieving a resounding victory in the elections held two months earlier. Then, the newly appointed mayor of New York enacted a law - approved in 2021 - that allowed non-citizens who resided in the city for at least 30 days to vote, as long as they registered. Of course, they could only cast their vote to elect municipal positions, such as mayor, councilors or auditors; never for state or federal positions.

After its proclamation, opponents of the law began their procedures to declare the law illegal and, several months later, they succeeded. Adams, with the support of party colleagues, appealed, until the Appellate Division of the Second Judicial Department decided to dismiss the New York mayor's appeal.