FAIR Defends Lawsuit Targeting Alien Voting

Shows letting aliens vote violates Americans’ constitutional rights

WASHINGTON—This week, in the U.S. District Court for the District of Columbia, the Federation for American Immigration Reform (FAIR) filed its opposition ([link removed]) to a renewed motion to dismiss made by the DC Board of Elections, which FAIR is suing over DC’s law letting aliens—including illegal aliens and diplomats—vote in DC local elections. In the suit, FAIR represents Ralph Chittams and five other registered U.S. citizen voters in DC. (DC politician Stacia Hall, formerly the lead plaintiff in the case, has moved away from DC and withdrawn from the case.)

In its motion to dismiss, the Board of Elections claims that DC has a rational basis for the alien voting law, since the law is meant to expand DC’s political community to include resident aliens who are affected by the outcome of local elections.

In its opposition, FAIR shows that DC’s law in fact has no rational basis. The Supreme Court has ruled that, under the Constitution, the political community of the United States—including localities such as DC—consists only of U.S. citizens. DC has no legitimate governmental interest in, and therefore no rational basis for, expanding its political community beyond the limits set by the Constitution.

The reason for these limits is obvious. Since 1776, the people of the United States—that is, American citizens—have always been regarded as the ultimate sovereign of this country. That is, citizens have a right to govern themselves through voting and holding office. This right is infringed if U.S. citizens are, in part, governed by the votes of citizens of foreign countries.

“‘We the People’ established the Constitution, which is the supreme law of the land,” said Christopher J. Hajec, deputy general counsel of FAIR. “That means the people are sovereign, and laws like DC’s that diminish that sovereignty and deprive Americans of their right to govern themselves violate the Constitution. We hope the Court sees that, because DC’s law lets those who are not part of the American people govern in America, it is unconstitutional at the most basic level.”

The case is
Chittams v. DC Bd. 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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