Attorneys general from Kansas, West Virginia, Ohio, and Louisiana have initiated a lawsuit, asserting that the current U.S. Census Bureau’s method of population counting disproportionately benefits states with large populations of individuals residing in the country without legal permission.
The suit specifically challenges the inclusion of individuals who are undocumented or on temporary visas in determining the apportionment of seats in the U.S. House of Representatives and the Electoral College.
Legal Action Targets Upcoming Reapportionment Cycles
Filed in the U.S. District Court in Louisiana, the lawsuit aims to halt the practice before the 2030 Census. This count will shape the distribution of 435 congressional districts and the allocation of Electoral College votes for the 2032 presidential election.
Kansas Attorney General Kris Kobach stated that the practice has skewed representation, providing states like California with more congressional seats and electoral votes than justified under the lawsuit’s interpretation of constitutional guidelines.
Kobach emphasized, “This lawsuit seeks to uphold the Founding Fathers’ vision of fair representation for U.S. citizens.”
Constitutional Implications and Historical Context
The U.S. Constitution grants Congress ultimate authority over the Census and traditionally requires the inclusion of the “whole number of persons” in each state. The lawsuit argues that this definition originally excluded individuals without lawful permanent residency, such as foreign diplomats and temporary visitors.
According to the plaintiffs, the current counting rules violate both the 14th Amendment, which mandates equal representation, and Article II, which governs the Electoral College.
Impact of Current Policies on Representation
In 2022, Pew Research estimated that 56% of the country’s 11.7 million undocumented individuals resided in six states: California, Texas, Florida, New York, New Jersey, and Illinois.
This demographic concentration, the lawsuit claims, unfairly shifts political power away from states with fewer undocumented residents.
Kansas Attorney General Kobach noted that Ohio and West Virginia each lost a congressional seat after the 2020 Census, citing the impact of undocumented populations.
Louisiana Attorney General Liz Murrill added, “The inclusion of undocumented individuals in the Census unfairly determines congressional seats and electoral votes, violating federal law.”
Redistribution Trends in the 2020 Census
The 2020 reapportionment led to seat losses in Ohio, West Virginia, California, Illinois, Michigan, Pennsylvania, and New York, while Colorado, Florida, North Carolina, Montana, and Oregon gained one seat each.
Texas gained two seats, showcasing a significant population increase. The lawsuit asserts that states with fewer undocumented residents or temporary visa holders risk losing representation under the current Census rules.
| State Impact (2020 Census) | Seats Lost | Seats Gained |
|---|---|---|
| Ohio, West Virginia, California, Illinois, Michigan, Pennsylvania, New York | 1 seat each | – |
| Colorado, Florida, North Carolina, Montana, Oregon | – | 1 seat each |
| Texas | – | 2 seats |
Connection to Past Efforts and Legal Controversy
The lawsuit echoes efforts made by former President Donald Trump in 2020 to exclude undocumented individuals from the Census count.
Trump’s attempt, which included a memorandum, faced legal challenges from organizations like the American Civil Liberties Union (ACLU) and Common Cause, who argued that the strategy violated administrative procedures.
Arguments for Policy Change
The plaintiffs contend that counting undocumented individuals dilutes the representation of states with lower undocumented populations. Kobach declared, “It’s a national disgrace that the United States has lacked an accurate citizen count for decades.”
The lawsuit insists on restoring the population-counting methodology to align with the nation’s founding principles, which, according to the court filing, intended to restrict counts to U.S. citizens and lawfully admitted permanent residents.
This lawsuit highlights a contentious debate over representation and fairness in the U.S. Census. While the Constitution mandates a population count every decade, the inclusion of undocumented individuals raises questions about the allocation of political power among states.
As the case unfolds, its implications could significantly influence the 2030 Census and the balance of representation in Congress and the Electoral College, shaping the future of U.S. governance.
