FAIR, U.S. Citizen Voters Defend Suit to Stop D.C. Alien Voting Law

Shows law violates right of U.S. citizens in the nation’s capital to govern themselves

WASHINGTON—On Friday, the Federation for American Immigration Reform (FAIR) filed a response to the D.C. Board of Election’s motion to dismiss a lawsuit FAIR’s clients have brought against it to bring down a District of Columbia law allowing aliens—including illegal aliens and even foreign diplomats—who reside in the city to vote in municipal elections. In the suit, FAIR represents a group of U.S. citizen D.C. voters.

Previously, the court had granted an earlier motion to dismiss, ruling that the law did not injure U.S. citizen voters because their votes were counted equally with aliens’, and accordingly that plaintiffs lacked standing to sue. On appeal, the DC Circuit Court of Appeals reversed this dismissal, finding that citizen voters were injured by the dilution of their votes, and thus that plaintiffs did have standing, and sent the case back to the district court to decide the merits of plaintiffs’ claims.

In its brief ([link removed]) , FAIR argues that vote dilution based on the suspect classification of citizenship—harming citizens as it benefits noncitizens—denies citizens the equal protection of the law, if that dilution lacks an adequate justification.

FAIR then shows that D.C. has no legitimate governmental interest, let alone a compelling one, in expanding its political community in a way incompatible with the way the national political community is defined in the Constitution: as confined to citizens. Nor does D.C. have a legitimate interest in undermining the right that all American citizens have to the democratic self-government of their country. As the Supreme Court has held repeatedly, the body politic of this nation consists of its citizens, and the right to govern—and to vote—is “reserved” to them.

Indeed, FAIR shows, the fundamental right to citizen self-government is proclaimed in the Constitution’s first three words, “We the People.” Since the people—that is, citizens—established the Constitution, and the Constitution is “the supreme Law of the Land,” citizens must have been—and still are—the sovereign of this country. As such, citizens, as the Supreme Court has put it, have a “right . . . to be governed by their citizen peers,” not foreigners.

“The sovereign of this democratic nation is the people, U.S. citizens,” said Christopher J. Hajec, deputy general counsel of FAIR. “When their power is eroded, our nation begins to lose its independence. And that erosion is set to escalate. Already, there have been calls to let aliens vote in statewide elections. We hope the court sees how deeply at variance with the Constitution this law is, and strikes it down to protect our American democracy.”

The case is Hall, et al., v. DC Board of Elections, No. 1:23-cv-01261 (D.D.C.).

ABOUT FAIR

Founded in 1979, FAIR ([link removed]) is the country’s largest immigration reform group. With over 3 million members and supporters nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.

To schedule an interview with one of FAIR's
spokespersons, contact:

Hayley Hill

[email protected]
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