Attorneys general from Louisiana, Kansas, Ohio, and West Virginia have filed a lawsuit to block the inclusion of illegal immigrants in the U.S. Census count used to apportion congressional seats and electoral votes. The lawsuit alleges that this decision resulted in Ohio and West Virginia losing seats to states with larger populations of illegal immigrants. The attorneys general argue that including illegal immigrants in the census is unlawful and unfair to certain states. They also claim that this practice will result in Louisiana and Kansas losing representation in Congress in the future.
The lawsuit points out that the Residence Rule, developed by the U.S. Census Bureau for the 2020 census, counts foreign nationals living in the U.S., regardless of their legal status, and assigns them to the state where they reside. This rule was then applied to counts that determine congressionalseats and electoral votes. The attorneys general argue that this violates the principles of equal representation and the United States Constitution. They believe that this practice shifts political power to states with high numbers of illegal immigrants and nonimmigrant aliens.
The attorneys general state that illegal immigration has a significant impact on the distribution of seats in the House of Representatives and the Electoral College. They cite research that suggests there are about 11.7 million illegal immigrants in the U.S. and claim that counting them in the census takes voting power from some Americans and gives it to others. President Trump has expressed support for deportations and declared a state of emergency at the southern border. The outcome of the lawsuit on the incoming Trump administration remains uncertain.
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