A federal judge recently ruled on a lawsuit brought by a conservative legal group challenging a Washington, D.C. law that permits noncitizens, including illegal immigrants and foreign embassy staff, to participate in municipal elections. The lawsuit, filed by U.S. citizen voters represented by the Immigration Reform Law Institute (IRLI), was dismissed by Judge Amy Berman Jackson due to lack of standing.
In her 12-page opinion, Judge Jackson stated that the plaintiffs failed to demonstrate how they were personally harmed by noncitizens voting and running for local office. She emphasized that the plaintiffs did not show any denial of voting rights, discrimination, or inequitable treatment compared to another group.
The Local Resident Voting Rights Act, passed by the D.C. Council in October 2022, allows noncitizens who have resided in Washington, D.C. for at least 30 days to vote in local elections and run for government offices. Despite facing controversy, the law withstood an attempt in Congress to overturn it.
The IRLI lawsuit argued that the law diluted the votes of U.S. citizen voters in the District, violating the Fifth Amendment's Due Process Clause. However, Judge Jackson sided with the defendants, ruling that the plaintiffs' objections were generalized and did not confer standing to sue.
While the plaintiffs sought an injunction to halt enforcement of the law, the judge found that they had not suffered any individual disadvantage as voters due to noncitizens being allowed to vote. The lawsuit was ultimately dismissed.
Notably, a similar law in New York City faced legal challenges and was ruled illegal by a state judge in June 2022 for violating the state's constitution.
The Immigration Reform Law Institute and the D.C. Board of Elections did not provide immediate comments on the ruling.
