Attorneys General from Louisiana, Kansas, Ohio, and West Virginia filed a lawsuit challenging the inclusion of illegal immigrants in the Census count used for congressional apportionment and Electoral College votes.
The attorneys general of Louisiana, Kansas, Ohio, and West Virginia have filed a lawsuit in Louisiana federal court to prevent the U.S. Census Bureau from including illegal immigrants in the population count used for apportioning congressional seats and electoral votes.
The lawsuit, filed on the eve of President Donald Trump's inauguration, alleges that the Biden administration's decision to count illegal immigrants in the 2020 census resulted in Ohio and West Virginia losing a congressional seat and an electoral vote each. Allegedly, these losses were gained by states with larger populations of illegal immigrants and temporary visa holders, including Texas gaining one congressional seat and one electoral vote, and California retaining a congressional seat and an electoral vote it would have otherwise lost. The attorneys general argue that if this practice continues, Louisiana and Kansas face the likelihood of losing a congressional seat and an electoral vote each in the 2030 reapportionment. Louisiana Attorney General Liz Murrill stated, 'We shouldn't lose representation in Congress due to the presence of illegal aliens harbored by other states. Counting Illegal Aliens in the census to determine Congressional seats and electoral votes is unlawful. We have sued to stop it.' The lawsuit centers on the 'Residence Rule,' established by the U.S. Census Bureau in 2018, which dictates that foreign nationals residing in the U.S. are counted in the census and allocated to the state where their 'usual residence' is located, regardless of their legal status or visa type. Following the 2020 census, the lawsuit claims that former President Biden's Commerce Secretary Gina Raimondo, along with the Census Bureau and its director, Robert Santos, decided to include both 'illegal aliens and aliens holding temporary visas' in the census figures used to determine the apportionment of the House of Representatives and Electoral College votes. The lawsuit contends that this violates the Fourteenth Amendment's equal representation principle by unfairly shifting political power from states with fewer illegal immigrants to those with larger populations. It further argues that the Residence Rule breaches the constitutional obligation to conduct an 'actual Enumeration' of U.S. citizens and lawful permanent residents, excluding those unlawfully or temporarily present. The attorneys general emphasize that illegal immigration significantly impacts the distribution of congressional seats and electoral votes due to the substantial and concentrated illegal immigrant population in a minority of states. They cite research suggesting approximately 11.7 million illegal immigrants reside in the U.S., highlighting the unprecedented scale of immigration in recent decades. The lawsuit concludes by stating that counting illegal aliens in the census redistributes voting power from some Americans to others
Census Illegal Immigrants Electoral College Congressional Apportionment Fourteenth Amendment Residence Rule Immigration
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