Four States Sue to Block Illegal Immigrants From Being Counted in the Census

A lawsuit filed by attorneys general from four states aims to stop illegal immigrants from being included in population counts used to allocate congressional seats and electoral votes.

Key Facts:

– The lawsuit was filed by the attorneys general of Louisiana, Ohio, Kansas, and West Virginia.
– They claim counting illegal immigrants cost Ohio and West Virginia each a congressional seat and an electoral vote.
– The plaintiffs say Texas and California benefited from counting illegal and temporary foreign residents.
– The attorneys general argue the practice violates the Fourteenth Amendment’s principle of equal representation.

The Rest of The Story:

In a court action filed in Louisiana, the four states argue that when the U.S. Census Bureau tallied populations in 2020, it included foreign nationals with no legal status or those on short-term visas.

According to the lawsuit, this decision unfairly shifted representation toward states with larger populations of these groups.

Officials from Louisiana and Kansas predict they, too, will lose seats if the same rules remain in place for the 2030 census.

Under the bureau’s “Residence Rule,” anyone living in a state, no matter their immigration status, was counted.

The plaintiffs insist this violates constitutional guidelines that specify only U.S. citizens and lawful permanent residents should be factored into congressional reapportionment.

They further contend that including illegal immigrants inflates the political power of states that encourage their presence.

Lawyers for the four states want a court order clarifying the meaning of the Fourteenth Amendment and preventing the Census Bureau from adopting the same approach in future counts.

Commentary:

We hope this lawsuit succeeds.

States that encourage or tolerate illegal immigration should not benefit at the expense of those that follow the law.

Congressional representation and electoral votes ought to be based on eligible voters or, at the very least, on legal residents.

Letting states with high numbers of illegal aliens gain more power punishes states that try to protect their citizens’ interests.

If the current system stands, law-abiding residents lose their rightful voice in Congress.

This is fundamentally unfair to citizens.

The four states’ lawsuit could restore an important principle: representation should reflect people who are actually part of the legal framework and community, rather than those who cut in line through unlawful entry.

The Bottom Line:

The controversy lies in whether population totals should only include citizens and permanent residents or everyone physically present.

The attorneys general say counting illegal residents dilutes representation for citizens in their home states.

Proponents of the current method assert that the census is meant to capture all people in the country.

A legal ruling could significantly shape the balance of electoral power and congressional seats in the decade to come.