Johnny Silvercloud CC BY 2.0 DEED, via Flickr, Cropped by Resist the Mainstream

The New York City Law Department filed a notice of appeal Monday on behalf of the City Council.

The appeal aims to challenge two recent rulings that deemed a law granting voting rights to illegal immigrants unconstitutional.

This legal battle traces its origins back to 2022 when both the Staten Island Supreme Court and the Second Appellate Division for the New York Supreme Court ruled against the proposal. However, it was the latter ruling, issued in February of this year, that effectively prevented the law from coming into effect.

City Council spokesperson Rendy Desamours emphasized the council's rationale behind the legislation, stating, “The Council passed Local Law 11 of 2022 to enfranchise 800,000 New Yorkers who live in our city, pay taxes, and contribute to our communities.”

Desamours underscored the belief that empowering residents to participate in the democratic process would bolster civic engagement and strengthen New York City.

The legislation was recently ruled unconstitutional by the Appellate Division for the Second Judicial Department in New York. This law aimed to allow an estimated 800,000 eligible non-citizens to cast ballots in city elections, including those for mayor and City Council. However, it faced strong opposition from a coalition of right-leaning elected officials, including Staten Island Republicans Vito Fossella, Joe Borelli, and Nicole Malliotakis. They argued that the right to vote is sacred to U.S. citizens and contended that the legislation was unconstitutional.

Although Mayor Eric Adams’ administration had been actively defending the law and appealed a lower court’s ruling against it, representatives did not immediately respond to questions on Monday regarding whether its attorneys would appeal to the New York State Court of Appeals.

As the deadline for appeal approached on Monday, advocates from the New York Immigration Coalition and allied organizations rallied outside City Hall, chanting “our city, our vote.”

The Council’s action coincided with attorneys from the nonprofit LatinoJustice law firm filing their own notice on Friday urging the State Court of Appeals to reverse the previous rulings.

During the rally, representatives from LatinoJustice and immigration advocacy groups called on Mayor Adams to join their appeal efforts. Nora Moran, a policy director at the United Neighborhood Houses, emphasized the importance of the mayor's support in the legal battle.