New York’s highest court has ruled that a 2021 law allowing some legal permanent residents to vote in local elections is unconstitutional, marking a significant setback in efforts to expand immigrant rights in the city.
The decision, issued last Thursday by the New York State Court of Appeals, was a blow to the city’s immigrant communities, including the Caribbean diaspora, which has long fought for broader participation in civic life. The 6-1 ruling strikes down the controversial law, which would have granted voting rights in municipal elections to an estimated 800,000 legal permanent residents, including those with green cards, work permits, and DACA status.
The case has garnered attention not just for its legal implications, but for its reflection of the ongoing struggle for immigrant inclusion in U.S. society. As the Caribbean diaspora and other immigrant communities grow in New York, the decision has broader resonance, signaling how local efforts to empower noncitizens continue to clash with state and federal resistance. “Whatever the future may bring, the New York Constitution as it stands today draws a firm line restricting voting to citizens,” wrote Chief Judge Rowan Wilson in the majority opinion. The ruling also dismissed the argument that the City Council had overstepped its authority under municipal home rule, a point on which Associate Judge Jenny Rivera dissented, contending that New York City should have the right to expand the franchise to noncitizens.
Council Speaker Adrienne Adams, whose constituency includes many immigrant families, expressed disappointment with the ruling but reaffirmed the Council’s commitment to the immigrant community. “While we are disappointed with today’s overall ruling, we respect the judiciary’s role in our democracy to make these decisions,” she said in a statement. “The Council, as always, will continue to support and protect our immigrant community members.”
The decision marks the conclusion of a four-year battle to determine who is eligible to vote in New York City’s municipal elections. Local Law 11, passed in November 2021 under then-Councilmember Ydanis Rodriguez, allowed noncitizens with green cards, work permits, and DACA status to participate. Despite strong opposition from former Mayor Bill de Blasio, who vetoed the measure, the City Council passed the bill with a 33-14 vote. The law took effect in January 2022 under Mayor Eric Adams after de Blasio left office, though its implementation was met with legal challenges led by Republican figures such as Staten Island Borough President Vito Fossella and the Republican National Committee.
In their legal challenge, these opponents argued that the law violated the state constitution and that the residency requirement for voter registration was too short. “The highest court in New York State has spoken. We respect the court’s ruling,” said Nicholas Paolucci, a spokesperson for the city’s law department, following the decision.
As the Caribbean and immigrant communities continue to push for greater inclusion in the political process, this ruling highlights the uphill battle that still exists in achieving full civic rights for noncitizens in the U.S.
