The federal government’s claim that it has the authority to ban foreigners from voting and donating in state and local elections prompted sharp questioning from a federal appeals court panel this week
.Circuit judges heard challenges Wednesday brought by two men convicted of campaign-finance violations in San Diego.
Hong went on to note that Congress has the well-established power to prohibit foreigners from working in the U.S., establishing permanent residence here without permission and from possessing firearms. While a number of localities allow some foreigners to vote in local elections, Hong said Congress could put an end to that at any time, if it wished.
Although Watford raised the issue, as the argument wore on, he eventually declared that Hong had “persuasively” argued that Congress had broad power to control elections. But the judge still seemed troubled that the federal government was asserting almost unchecked power over foreign nationals in its borders.
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