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H.R. 884 – Noncitizen Voting

On June 10, the House of Representatives passed H.R. 884, which would prohibit aliens from casting ballots in local D.C. elections. H.R. 884 would also repeal the Local Resident Voting Rights Amendment Act, the law responsible for allowing noncitizens, including illegal aliens and foreign diplomats from hostile countries, the right to vote in local D.C. elections. Under the D.C. law, in effect since February 2023, foreign nationals are allowed to vote in elections for mayor and city council, along with ballot initiatives and referenda included on D.C. ballots. H.R. 884 was passed with bipartisan support by a vote of 266-148, with all Republicans voting in favor along with 56 Democrats.

Republicans praised the passage of H.R. 884 as a means of restoring election integrity to the nation’s capital. Congressman August Pfluger (R-Texas), the bill’s sponsor, lauded the vote, writing that, “My bill to prohibit noncitizens from voting in DC elections just passed the House! It’s common sense: Only American citizens should be able to vote in U.S. elections!” According to House Speaker Mike Johnson (R-La.), “Only American citizens should decide the outcome of American elections. Yet the D.C. City Council has made it clear they actually want noncitizens and even foreign actors to have an equal say in choosing a mayor and other local public officials in our nation’s capital. As the constitutional authority overseeing the District, House Republicans stand firm against this un-American decision which undermines the rule of law and the core principles of our republic.”

At least some Democrats meanwhile argued that the bill would wrest control over local elections and affairs away from the hands of residents. Eleanor Holmes Norton (D-D.C.), D.C.’s nonvoting House delegate, stated on the floor that, “D.C. allows noncitizens to vote in local elections because it believes that all adult residents deserve a say in their local government.”

HR 2056 – Prohibiting D.C. Sanctuary Policies 

On June 12, the House of Representatives also passed H.R. 2056, the District of Columbia Federal Immigration Compliance Act. That bill seeks to prohibit D.C. from limiting its cooperation with federal immigration enforcement activities, in effect eliminating harmful and destructive sanctuary policies. The bill passed by a vote of 224-194, with all Republicans and 11 Democrats voting in support.

H.R. 2056 was introduced in March by Congressman Clay Higgins (R-La.). The bill prohibits the nation’s capital from maintaining any law, policy, or practice that restricts or prohibits the D.C. government officials from:

(1) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or

(2) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to comply with a detainer for, or notify about the release of, an individual.

Following passage H.R. 2056, House Committee on Oversight and Government Reform Chairman James Comer (R-Ky.) and Congressman Higgins applauded the House vote. Chairman Comer commented that, “Sanctuary policies don’t protect Americans—they protect criminal illegal aliens. Too many innocent Americans have been killed or harmed by criminal illegal aliens who never should have been on our streets in the first place. These policies put criminal illegal aliens ahead of the safety and security of American citizens.” Congressman Higgins charged the Senate with passing the bill. “Our nation’s capital city should set an example for enforcing federal immigration laws. I appreciate my colleagues’ support in the House. I urge the Senate to pass this bill and send it to President Trump’s desk so we can return Washington, DC to We, the People.”

During floor debate, Democrats pushed back, arguing that D.C. should be given more latitude. Representative Stephen F. Lynch (D-Mass.) contended that “Mayors, police chiefs, sheriffs, and local leaders across the country have made clear that the way to combat violent crime is allowing local police to do their jobs of ensuring public safety in their own communities, not commandeering local police to spend limited time and resources rounding up and detaining nonviolent immigrants who pose no threat.”

Conclusion

Under the U.S. Constitution, Congress has plenary legislative authority over D.C. as the federal capital. The District of Columbia Home Rule Act of 1973 grants authority over local matters to the D.C. mayor and city council. However, it also provides for a process by which Congress may review and disapprove of D.C. laws before they take effect, as well as repeal D.C. laws already enacted and legislate on its behalf. It was pursuant to this authority that the House of Representatives passed H.R. 884 and H.R. 2056. 

FAIR will continue to support legislation, like H.R. 884 and H.R. 2056, that supports federal immigration enforcement authorities and prioritizes the interests of U.S. citizens.