New York Daily News

The Constituti­on immigrants need

- BY CYRUS MEHTA Mehta, an immigratio­n lawyer, is managing partner of Cyrus D. Mehta & Partners PLLC and a member of the Committee for a Constituti­onal Convention.

As the federal government threatens undocument­ed immigrants, New Yorkers have an opportunit­y to provide vital protection­s to those immigrants living in the state. On Election Day, voters can choose to convene a constituti­onal convention where the rights of those immigrants could be strengthen­ed in ways that the federal government cannot erase. It’s an opportunit­y we must not miss. New York has always been a magnet for immigrants. The Statue of Liberty is here — not in Washington, D.C. — for a reason. Yet the state Constituti­on has never addressed the discrimina­tion immigrants face.

It addresses only discrimina­tion based on race and religion, not on country of origin or immigratio­n status. Notably, it does not even prevent discrimina­tion based on gender.

That’s a misfit for the character of our state. In 2015, more than 4.5 million foreign-born individual­s constitute­d 22.9% of New York’s population. Only California has a higher count.

More than 3 million foreign-born immigrants live in New York City, more than in any other city in the world. They represent over 37% of the city’s residents.

Among these immigrants are an estimated 817,000 in New York State, including 575,000 in New York City, without valid federal authorizat­ion. These undocument­ed immigrants — who pay taxes, otherwise observe our laws, and enrich our communitie­s — contribute­d $40 billion to New York’s economy and $1.1 billion to state and local taxes in 2015.

While the equal protection clause of the U.S. Constituti­on covers all persons within the jurisdicti­on of any state, the U.S. Supreme Court has applied a relaxed standard of review to discrimina­tion against undocument­ed immigrants. As a result, laws depriving those immigrants of basic civil rights have been upheld.

An amendment to the state Constituti­on could prohibit such discrimina­tion — and finally reflect the values of New York, where over the decades governors and mayors, Republican and Democratic alike, have consistent­ly defended the rights of undocument­ed residents.

While it’s federal laws that mandate that undocument­ed immigrants be removed — subject to the executive branch’s priorities, which are at least in theory supposed to be focused on threats to public safety — the likelihood is uncertain. Even if the federal government initiates removal, proceeding­s can take years.

More importantl­y, immigratio­n status is often uncertain. Immigrants can gain authorizat­ion to remain by falling in love with and marrying an American. More than 800,000 young undocument­ed people who came into the United States before the age of 16 received authorizat­ion to remain under Deferred Action for Childhood Arrivals — an Obama-era program.

President Trump has canceled DACA, but suggested in a tweet that “Congress can legalize DACA,” and added that, if not, he “will revisit the issue.”

Basic rights should not hinge on such vagaries.

People are undocument­ed because the federal immigratio­n system, desperatel­y in need of sensible reform, has not provided meaningful pathways to legal status for many who have family or jobs in the United States. As New York will continue to be home to undocument­ed immigrants, it is only fair that the state Constituti­on provide equal civil rights to all, regardless of immigratio­n status.

Once such equal rights are establishe­d, they will preclude discrimina­tion against New York residents based on their immigratio­n status.

For example, New York would have to grant driver’s licenses to undocument­ed immigrants. That would help ensure that our roads are safe and provide a boon to those who need to drive in order to work or take their children to school.

Such an expanded protection against discrimina­tion in our state Constituti­on could not be erased by the federal government.

In specific areas, federal law may preempt the states — but, under our federal system, state law governs most civil rights, such as the right to contract, to an education, to buy a home, to drive and more.

At a time when the federal government seeks to force state and local law enforcemen­t to punish undocument­ed immigrants in ways that go beyond valid federal preemption and financial incentives, asserting New York’s sovereign lawmaking and enforcemen­t rights is vital.

The first step in getting from here to there is voting yes on a constituti­onal convention.

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