SHOULD NON-CITIZENS HAVE VOTING RIGHTS, AGAIN?

Ron HaydukAssociate Professor of Political Science

Borough of Manhattan Community College, CUNY

Three points to consider in Three points to consider in thinking about IVR (aka NCV):thinking about IVR (aka NCV):

1. It’s legal.1. It’s legal. The Constitution does not The Constitution does not preclude it and the courtspreclude it and the courts have upheld have upheld voting by noncitizens. Moreover, noncitizens voting by noncitizens. Moreover, noncitizens enjoyed voting rights for most of U.S. history.enjoyed voting rights for most of U.S. history.

2. It’s rational.2. It’s rational. Moral and practical reasons Moral and practical reasons to restore IVR, including notions of equal to restore IVR, including notions of equal rights and treatment; democracy means all. rights and treatment; democracy means all.

3. It’s feasible. 3. It’s feasible. Noncitizen voting is making Noncitizen voting is making a comeback today. a comeback today.

Noncitizen Voting in History: Noncitizen Voting in History: 1776 to 19261776 to 1926

Noncitizens voted in local, state and Noncitizens voted in local, state and federal electionsfederal elections

Practiced in 40 states & federal Practiced in 40 states & federal territoriesterritories

Immigrants also ran for office – and wonImmigrants also ran for office – and won Immigrants often made the difference Immigrants often made the difference

between winners & losers between winners & losers Voting by noncitizens: American as Voting by noncitizens: American as

Apple Pie and older than our national Apple Pie and older than our national pastime (baseball)pastime (baseball)

Democratic Ideals

• No taxation without representation• All men (human beings) are created equal• People endowed with inalienable rights• Government should rest on the consent of the

governed• Democracy means rule by the people; not

some of the people but all of the people• Otherwise, tyranny (Benjamin Franklin)

VOTING is not about CITIZENSHIPVoting is about who shall have a say Women and Blacks were citizens but

could not vote They were denied voting rights on the

basis of sex and race – not citizenship Voting not inextricably linked to

citizenship; Not naturally connected Voting is about who can select

representatives; who controls government Voting is mechanism to determine whose

interests prevail — about political power

Immigrant Voting in Practice Initially, buttressed white, male, propertied

class (until 1840s -- property qualifications removed)

But also, encouraged newcomers to build a stake in U.S.; nurtured attachments.

Budding Americans learned civics by practice

Fostered immigrant political incorporation

Why Immigrant Voting Eliminated? Fear & Prejudice; Fear of others who were

different; discrimination Dominant groups felt threatened by newcomers:

held different political views; had different economic interests; practiced different religions Spoke different languages Were not viewed as “white” at the time Seen as inferior Sound familiar?

Immigrant voting Immigrant voting eliminated in stages; eliminated in stages;

internal conflict or warsinternal conflict or wars French Revolution 1789, influx of radicals – French Revolution 1789, influx of radicals –

opposed to the Federalists who were in opposed to the Federalists who were in powerpower

War of 1812 – fear of foreign enemiesWar of 1812 – fear of foreign enemies Influx of Irish leading up to Civil War – Irish Influx of Irish leading up to Civil War – Irish

opposed Slavery (also not “white”, Catholic, opposed Slavery (also not “white”, Catholic, drinkers, poor, etc); South eliminated NCVdrinkers, poor, etc); South eliminated NCV

1880s -1920: influx of Southern and Eastern 1880s -1920: influx of Southern and Eastern Europeans (Italians, Jews, Greeks); Europeans (Italians, Jews, Greeks); “swarthy,” politically suspect, fear would not “swarthy,” politically suspect, fear would not assimilate; dilute U.S. culture and identity. assimilate; dilute U.S. culture and identity. Sound familiar? Sound familiar?

Response to other Response to other developmentsdevelopments

• Mass Social Movements & Third Political Parties – Mass Social Movements & Third Political Parties – Populist, Labor, SocialistPopulist, Labor, Socialist

• Posed a threat to both Democrats and Republicans -- Posed a threat to both Democrats and Republicans -- voters could take over governmentvoters could take over government

• Elimination of NCV during same time as imposition of Elimination of NCV during same time as imposition of other barriers to franchise (poll taxes, literacy tests, other barriers to franchise (poll taxes, literacy tests, registration.)registration.)

• Anti-immigrant sentiment grew; WWI grew even worseAnti-immigrant sentiment grew; WWI grew even worse• NCV eliminated, state by state, ending in 1926NCV eliminated, state by state, ending in 1926• National Origins Act passed 1924. Closed doors to non- National Origins Act passed 1924. Closed doors to non-

western European immigrants; established race-based western European immigrants; established race-based quotasquotas

• Race, Class, and Power lie at the heart of struggles over Race, Class, and Power lie at the heart of struggles over voting voting

Civil Rights -- Immigrant Rights • Civil Rights Movement swept away

many obstacles to voting and established anti-discrimination laws

• But much of it’s work incomplete; The American Dream, MLK,jr’s Dream, Cesar Chavez’s Dream…still out of reach for far too many

• New immigrants are new outsiders; excluded; discriminated; exploited

• Join African Americans at bottom of social order

Changing DemographicsChanging Demographics

25 million 25 million adults adults in U.S. are noncitizensin U.S. are noncitizens Almost 1 in 10 nationally; more in many statesAlmost 1 in 10 nationally; more in many states NY State – 12% -- one out of ten adultsNY State – 12% -- one out of ten adults In some areas ¼ to ½ of total population are In some areas ¼ to ½ of total population are

noncitizens and can’t votenoncitizens and can’t vote NYC – 22% of total adult populationNYC – 22% of total adult population Rivals political exclusion of blacks, women & Rivals political exclusion of blacks, women &

youthyouth

Noncitizens in Selected Towns New York State, 2000

 

GeographyPopulation 18

years and over

Population 18 years and over; Not a citizen (foreign born, not

naturalized)

%Non-Citizen 18 Years Old & Over

1 New York city 6,078,005 1,394,508 22.9%

2 White Plains, Westchester County 41,825 8,852 21.2%

3 Newburgh, Orange County 18,864 3,886 20.6%

4 New Rochelle, Westchester County 54,977 10,612 19.3%

5 Mount Vernon, Westchester County 51,101 9,681 18.9%

6 Glen Cove, Nassau County 20,990 3,859 18.4%

7 Yonkers, Westchester County 148,640 25,822 17.4%

8 Peekskill, Westchester County 16,940 2,941 17.4%

9 Rye, Westchester County 10,532 1,595 15.1%

10 Ithaca, Tompkins County 26,464 3,314 12.5%

11 Poughkeepsie, Dutchess County 22,170 2,449 11.0%

12 Middletown, Orange County 18,258 1,904 10.4%

Latino Representation in Noncitizen Rich States

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

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Latino Representation in Noncitizen-Rich States

LatinoNoncitizens(Percent)

Latino Citizens(Percent)

Latino StateLegislators(Percent)

Noncitizens by NYC Council District

Race/EthnicityTotal Adult Population NYC

Number of Adult Non-Citizens in NYC

% of community that is disenfranchised

White 2,385,387 268,203 12%

African-American, Afro-Caribbean, and African 1,457,119 245,303 17%

Mexican 129,837 99,951 77%

Puerto Rican 542,029 6,635 1%

Cuban 36,717 6,317 17%

Dominican 294,598 164,375 56%

Colombian, Ecuadorian, and Peruvian 153,878 88,060 57%

Salvadoran 15,772 9,983 63%

Other Latino 308,624 128,725 42%

Chinese 280,390 126,877 45%

Indian 120,669 63,929 53%

Filipino 46,521 17,104 37%

Japanese 19,862 16,752 84%

Korean 64,762 37,221 57%

Other Asian 62,776 34,321 55%

Native American 25,257 11,067 44%

Other Multiple 88,141 36,184 41%

   Borough

Total Adult Population

# of Adult Non-Citizens % of Borough disenfranchised

 

  Brooklyn 2,485,879 502,827 20%  

  Bronx 1,302,955 230,507 18%  

  Manhattan 1,554,110 275,454 18%  

  Queens 2,207,025 550,424 25%  

  Staten Island 458,309 36,133 8%  

Immigrants’ plight reflects their Immigrants’ plight reflects their political exclusionpolitical exclusion

Immigrants score lowest in employment, housing, Immigrants score lowest in employment, housing, education, healthcare, welfare, criminal justiceeducation, healthcare, welfare, criminal justice

1 in 4 immigrants are poor1 in 4 immigrants are poor 1 in 4 children of immigrants go hungry1 in 4 children of immigrants go hungry Discriminatory policies and practices are inevitable Discriminatory policies and practices are inevitable

by-products of immigrant political exclusion by-products of immigrant political exclusion Elected officials can ignore their interestsElected officials can ignore their interests Employers, landlords, etc. can take advantageEmployers, landlords, etc. can take advantage

VOTING AND DEMOCRACY

Voting is the cornerstone of democracy Government affects you daily Voting keeps government, responsive,

representative and accountable Participation = Power Communities with low turnout get fewer

services Democracy means rule by ALL the people

Non citizen voting is Non citizen voting is making a comeback: making a comeback: demographic change & demographic change & mass mobilization mass mobilization Noncitizens currently vote in local electionsNoncitizens currently vote in local elections NYC first to restore NCV (1969-2003)NYC first to restore NCV (1969-2003) Chicago – School elections (1988)Chicago – School elections (1988) Maryland – local elections in six towns Maryland – local elections in six towns Mass. – Cambridge and AmherstMass. – Cambridge and Amherst Cities and states where IVR advocates working: Cities and states where IVR advocates working:

Washington D.C., San Francisco, LA, Conn., Washington D.C., San Francisco, LA, Conn., Maine, Wisconsin, Minn., Fl, CO, NJ, TX, NYS & Maine, Wisconsin, Minn., Fl, CO, NJ, TX, NYS & NYCNYC

Globally, 45 countries allow noncitizens to vote Globally, 45 countries allow noncitizens to vote in local, regional and/or national electionsin local, regional and/or national elections

Primarily for “legal” immigrants in local Primarily for “legal” immigrants in local electionselections

Skeptical? Arguments Against Skeptical? Arguments Against voting by noncitizens (and voting by noncitizens (and

responses)responses)► Citizenship first, voting rights secondCitizenship first, voting rights second

Already a pathway to vote—become a citizenAlready a pathway to vote—become a citizen

► Would diminish value of citizenshipWould diminish value of citizenship► Would erase an important distinction between Would erase an important distinction between

citizens and non-citizenscitizens and non-citizens► Would reduce incentives to naturalizeWould reduce incentives to naturalize► NC need time to learn American political NC need time to learn American political

culture culture ► Create divided loyaltiesCreate divided loyalties► Would increase tensions among minoritiesWould increase tensions among minorities

Citizenship First, Voting SecondCitizenship First, Voting SecondNot mutually exclusive; Increase pathways to Not mutually exclusive; Increase pathways to citizenship & expand democracycitizenship & expand democracyBut the average time is 8-10 years to naturalizeBut the average time is 8-10 years to naturalizeWorse, many immigrants (legal, not illegal) are Worse, many immigrants (legal, not illegal) are not eligible to become U.S. citizensnot eligible to become U.S. citizensEarlier times immigrants could naturalize easilyEarlier times immigrants could naturalize easilyIn the meantime, immigrants contribute in In the meantime, immigrants contribute in countless ways to life of our cities and countrycountless ways to life of our cities and countryPay $18 billion in taxes to NYS (15.5%)Pay $18 billion in taxes to NYS (15.5%)

Diminish value of citizenship and Diminish value of citizenship and reduce incentives to naturalizereduce incentives to naturalize

There are ten rights and privileges that There are ten rights and privileges that one gains by becoming a citizen, including one gains by becoming a citizen, including being eligible for numerous benefits, being eligible for numerous benefits, obtaining government jobs, traveling obtaining government jobs, traveling outside the U.S; voting is only oneoutside the U.S; voting is only one

Most legislation only contemplates voting Most legislation only contemplates voting in local elections (not state and/or federal)in local elections (not state and/or federal)

Plenty of incentives to naturalize Plenty of incentives to naturalize Distinctions between citizen and NC sharpDistinctions between citizen and NC sharp

Non citizens lack sufficient Non citizens lack sufficient knowledge to vote and feeling knowledge to vote and feeling for American Institutions and for American Institutions and

cultureculture Immigrants can not make informed decisions Immigrants can not make informed decisions Specific knowledge is not pre-requisite to vote; Specific knowledge is not pre-requisite to vote;

Many citizens would fail test of basic political Many citizens would fail test of basic political knowledgeknowledge

Comes dangerously close to stated reasons for Comes dangerously close to stated reasons for literacy tests, opposing women’s suffrage, African literacy tests, opposing women’s suffrage, African AmericansAmericans

If you move to new town, you need to learn about If you move to new town, you need to learn about that town’s political structure, candidates, issues. that town’s political structure, candidates, issues.

PaternalisticPaternalistic

Dual or divided loyaltiesDual or divided loyalties

Why allow NC vote without taking pledge of Why allow NC vote without taking pledge of Allegiance? Allegiance?

NC might vote against U.S. interests, especially in time NC might vote against U.S. interests, especially in time of warof war

But no U.S. citizen required to swear oath of But no U.S. citizen required to swear oath of allegiance. allegiance.

Flawed to assume native born are “loyal” and, equally, Flawed to assume native born are “loyal” and, equally, that noncitizens are not “loyal” to U.S.that noncitizens are not “loyal” to U.S.

Who determines the U.S. national interest? Who determines the U.S. national interest? Dissent can be patrioticDissent can be patriotic Non citizens demonstrate their commitment to U.S. by Non citizens demonstrate their commitment to U.S. by

being engaged and involved community membersbeing engaged and involved community members

NCV creates tensions with minoritiesNCV creates tensions with minorities

NCV would exacerbate conflicts that exist between NCV would exacerbate conflicts that exist between African Americans and Caribbean immigrants, African Americans and Caribbean immigrants, Puerto Rican’s and Dominicans, Chinese and Puerto Rican’s and Dominicans, Chinese and Koreans, and so on.Koreans, and so on.

Winner take all elections and “majority minority” Winner take all elections and “majority minority” districts increase competition districts increase competition

Reductions in government spending, growing Reductions in government spending, growing inequalities related to globalization increasingly pit inequalities related to globalization increasingly pit native-born (of all stripes) against immigrantsnative-born (of all stripes) against immigrants

Expand Opportunities for All – Expand Opportunities for All – Improve our democracyImprove our democracy

Campaigns for NCV are part of larger Campaigns for NCV are part of larger immigrant rights movementimmigrant rights movement

Shared interests in safe streets, good schools, Shared interests in safe streets, good schools, affordable housing, health care, and good jobsaffordable housing, health care, and good jobs

NCV would insure government is NCV would insure government is representative, responsive, and accountable representative, responsive, and accountable to all to all

Idea that NC should vote is older, practiced Idea that NC should vote is older, practiced longer and is more consistent with democratic longer and is more consistent with democratic principles that the idea that they should not principles that the idea that they should not votevote

189 out of the 231 years of U.S. existence NC 189 out of the 231 years of U.S. existence NC voted; NCV is rule—not exceptionvoted; NCV is rule—not exception

Inclusion and equality

• Core ideas of Civil Rights Movement appear today as Immigrant Rights

• Democracy is evolving • NCV is suffrage struggle of our time• NY—home of Statue of Liberty and Ellis

Island• Let’s restore NCV and make history,

again