San Jose Councilmembers Seek To Extend Voting Rights To Noncitizens

Campbell CA

11 January, 2022

6:41 PM

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By Tran Nguyen, San Jose Spotlight January 10, 2022 A pair of San Jose councilmembers is proposing a measure that would allow immigrants who are not U.S. citizens to participate in local elections. The measure, which requires voter approval, would give more than 200,000 noncitizen residents in San Jose a right to select new lawmakers and weigh in on different policies in future local elections. New York City became the largest city to enact a similar law last month, while San Francisco passed a law in 2016 to allow noncitizen parents to vote in school board elections. Councilmembers Magdalena Carrasco and Sylvia Arenas, who are spearheading the efforts, introduced the landmark proposal Friday—just days before the City Council is scheduled to vote on changes to the city's charter. "This is a novel idea, but not a new idea," Carrasco said at a news conference Monday, adding it's unfair that the immigrant community pays taxes and contributes to the economy without having a say on local policies. "We need to make sure that the voice of our noncitizen community is not suppressed or erased… They deserve the right to vote for those in power." Eva Heredia, a San Jose resident and community organizer, said immigrants have disproportionately bore the brunt of the pandemic, but can't have a say in local policies affecting them. Photo by Tran Nguyen.The proposal to extend voting rights in San Jose to all city residents—including those who are undocumented, on a work visa, or "Dreamers"—has been years in the making. The effort was postponed under the Trump administration, which stonewalled and attacked the path to citizenship for many, lawmakers said. "Racist policies from the Republican party have blocked immigration reform for decades," Arenas told San José Spotlight. "It's our obligation to find ways to honor the role that immigrants play in our community—let's not allow nationalists to determine who matters in local San Jose elections." The pair of policymakers is asking for a special study session to explore the measure, but no date has been set yet. "We are not going to have all the answers tomorrow," Carrasco told San José Spotlight. "But this is the time to do it." The City Council will vote on a host of potential city law changes Tuesday, including shifting the timing of mayoral elections, adding more council districts and increasing police oversight. Voters will still have the final say on the changes at the primary and general elections this year. Local community organizations and activists are rallying behind the plan. Eva Heredia, a leader with community group Services, Immigrant Rights, and Education Network, led a chant at the event Monday: "Here I live, here I vote." Heredia, a San Jose resident with two children, said the immigrant community has disproportionately been hit by the pandemic, as they have been the backbone that kept Silicon Valley moving. As a legal permanent resident, Heredia still can't vote until she becomes a naturalized citizen. "I've always heard the American saying no taxes without representation. Unfortunately… I live that reality," she said. "It is time for (my) voice to be heard and taken into account." Victor Vasquez, co-executive director of SOMOS Mayfair, said excluding immigrants from voting is excluding them from democracy. Photo by Tran Nguyen.According to 2018 county data, there are roughly 366,000 immigrants living in Santa Clara County. The majority—roughly 208,000 people—have some form of legal protection. Carrasco and Arenas also want to move elections for odd-numbered city districts to presidential election years and elections for even-numbered districts to midterm election years to increase voter turnout, according to their memo. Their proposal comes after the Charter Review Commission, a body led by citizens appointed by the City Council, concluded its work on proposed changes to the city's charter. The commission formed after Mayor Sam Liccardo pushed for—and ultimately abandoned—a measure that would have extended his term and given him the power to hire and fire the city manager and department heads. The proposal to extend voting rights was not studied or considered by the 23-member commission, who spent nearly a year reviewing the city's charter prior to making its final recommendations to the City Council. "It was never brought to us," attorney and Commissioner Huy Tran told San José Spotlight, adding the commission studied a number of ideas brought forward by residents. Expanding voting rights to noncitizen and undocumented residents is a good proposal, Tran said. The idea would have been of great benefit to go through the commission, which would have allowed more time for the city and public to understand the issue, he added. "But it is not the only way to do it," he said. "It's still up to council's discretion to introduce such changes." Victor Vasquez, co-executive director of SOMOS Mayfair, said excluding the immigrant community from voting is excluding them from democracy. "We're made to feel like we don't belong," said Vasquez, who's also an immigrant. "(This) is not just a Latino issue. Expanding the vote will help benefit all people—from Vietnamese, Chinese, Indian, African, Filipino, Tagalog and even people from European descent." The San Jose City Council meets at 1:30 p.m. on Tuesday. Learn how to watch and participate. Contact Tran Nguyen at [email protected] or follow @nguyenntrann on Twitter. This story will be updated. 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