'Trojan horse’ amendment could allow illegals to vote, New York experts say

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New York abortion amendment is 'Trojan horse,' allowing illegals to vote, say experts

New Yorkers will vote on an abortion amendment this election day that some experts are saying is a "Trojan horse" to allow illegals to vote.

New York conservatives are warning that New York’s Proposition 1 on the ballot today is a "Trojan horse" to enshrine an array of abuses into the state constitution, including allowing illegal immigrants to vote.

Those in favor of the proposition say it is necessary to protect abortion rights in the state. However, opponents say it has nothing to do with abortion, which they say is already protected by New York law.

"It's being portrayed as necessary to protect abortion rights, but that's false," John Faso, an attorney and former New York state representative, told Fox News Digital. "Abortion was legalized in New York State by the legislature in 1970, 54 years ago. And it's not under any threat whatsoever, regardless of what your position is on it."

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Migrants are shown after crossing the U.S.-Mexico border from Tijuana, Mexico, on Dec. 30, 2018. (GUILLERMO ARIAS/AFP via Getty Images)

Abortion is currently legal in New York through 24 weeks of pregnancy. After 24 weeks, a woman can still obtain an abortion if her medical provider decides the unborn baby is not viable or the woman’s life or physical or mental health is at risk.

According to information on the website for New York Attorney General Letitia James, "people of all ages have the absolute right to abortion" in New York.

Faso said that "to argue that somehow abortion rights are at risk in New York State is just a complete lie."

If passed, the proposition would amend the state constitution to prohibit any discrimination based on ethnicity, national origin, age, disability and sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy.

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Demonstrators are shown during the Our Bodies, Our Sports rally for the 50th anniversary of Title IX in Washington, D.C., on June 23, 2022. (Anna Moneymaker/Getty Images)

Proponents say the amendment will protect all New Yorkers against unequal treatment.

Faso, however, said that under this amendment, biological males will have a constitutional right to participate in girls’ sports and parents will no longer be able to fully control the health care decisions for their minor children. 

He also pointed to a portion of the amendment that states that authorities can enact "laws to prevent or undo past discrimination." He called this a "reverse discrimination provision" that he said would authorize the state to engage in discrimination programs on the pretext of prior discrimination.

"So, we can discriminate against you because years ago [someone] discriminated against someone," he said. "These kinds of things make no sense. They're highly controversial, and they're trying to sneak this into the state constitution without really much public awareness about what's contained here in this amendment."

Lee University student athlete Macy Petty speaks during an event celebrating the House of Representatives passing the Protection of Women and Girls in Sports Act outside the U.S. Capitol on April 20, 2023. (Chip Somodevilla/Getty Images)

Perhaps most shocking of all, Faso said that because of the inclusion of national origin as a constitutionally protected class, the amendment could be used to allow noncitizens, including illegal immigrants, to vote.

"Noncitizen voting could become a reality because the argument will be it’s discriminatory based on my national origin that I shouldn't have a right to vote even though I'm not a citizen," he explained.

Bobbie Anne Cox, an attorney who serves as the spokesperson for a ballot initiative committee called "Vote No on Prop One," told Fox News Digital that the amendment "opens the door for all of these benefits to be given to these people that are not citizens, are not from our country and some of whom are here illegally."

"When I say this is a Trojan horse, it is a Trojan horse of epic proportions," she said.

Migrants line up in front of the East Village re-intake, converted into a city-run shelter for newly arrived migrant families in New York City, on Dec. 4, 2023. (Fatih Aktas/Anadolu via Getty Images)

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Cox also called the proposition a "bait and switch" because she said the language on the ballot does not match the actual amendment.

"The language that would go into our Constitution is not on the ballot. What New Yorkers will see on the ballot is a two-sentence summary of the proposal, and that summary is not all-encompassing. It doesn't tell you the whole story," she said.

"This is a tremendous power grab by the government in New York State," she went on. "It really upsets me that they are not being honest with the New York voters."

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