The population of illegal aliens in the US corresponds to about 20 congressional seats, which means that states that states such as California get additional representation in congress and the electoral college. Rep. Mo Brooks and the state of Alabama are suing in federal court to prevent apportionment based on counting illegal aliens.
Currently the federal rules count all residents, even if they are here illegally. Foreign tourists and travelers are not counted. So are US citizens living outside the US unless they are employed by the federal government.
It is not clear whether the court case be successful. Should congress change federal law to prohibit the counting of illegal aliens for the purpose of congressional apportionment? What about legal non-citizen residents?
What about US citizens living overseas, should they be counted?
Parts of the country with large immigrant populations tend to vote Democratic. The current rules give them more votes in congress and in the electoral college.
The court ruled that states basing the congressional districts based on population figures that include illegal aliens did not violate the constitution even though it give a greater voice to voters in districts with large numbers of non-citizens:
Based on that decision I doubt that Alabama will be able get the court to force a change in the national apportionment. That does not prevent Congress from making the change.
I agree that we should do everything in our power to diminish the power and influence of immigrant populations in the United States, because they vote in a way with which we might disagree.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons
Are you really a free person if you’re an illegal immigrant? Even if you are, you probably won’t be for long if you admit you’re illegal on the census under Donald Trump’s America.
Yes, there is also an irony the current congressional apportionment effectively rewards “sanctuary” states and cities with more representation in congress.
Apportionment matters. Historians argue that the compromise that allowed slaves to be counted for apportionment may have changed the outcome of the presidential election in 1800 and allowed Thomas Jefferson from Virginia to defeat John Adams from Massachusetts.
