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FIRST ON FOX: Missouri has launched a significant federal lawsuit asserting that the Census Bureau’s practice of counting illegal immigrants and visa holders violates constitutional rights. The claim argues that this practice dilutes the votes of U.S. citizens, ultimately enhancing the representation of blue states in Congress.
The lawsuit, spearheaded by Missouri Attorney General Catherine Hanaway, contends that the state lost a congressional seat following the 2020 census. This alleged loss occurred due to the apportionment process, conducted every decade, which counts certain foreign nationals residing in the United States.
Missouri’s legal team has made an ambitious request for the Census Bureau to redo the 2020 population count, specifically excluding illegal immigrants and visa holders. The goal is to recalculate the distribution of congressional seats among the states.
The lawsuit emerges in the lead-up to the 2026 midterm elections, a significant timeframe as President Donald Trump faces the possibility of Democrats reclaiming control of the House.
According to the complaint filed in federal court, the current policy purportedly “steals federal representation from Missourians and transfers it to states that artificially inflate their populations by harboring illegal aliens.”
The inclusion of all individuals living in a state during the apportionment process, which determines the number of congressional seats allocated to each state, is a longstanding practice. This approach has faced various court challenges in recent decades, predominantly without success. Remarkably, the Supreme Court has refrained from directly addressing the issue.
The Constitution mandates that congressional representation should be calculated based on the “whole number of persons in each State.” Missouri’s legal arguments suggest that this requirement leads to a “tainted apportionment base.”
In 2020, President Donald Trump issued a presidential memorandum directing the Commerce Department to exclude illegal aliens from the apportionment base; however, this directive faced immediate legal challenges and was blocked by a three-judge panel. The Supreme Court did not rule on this matter before President Joe Biden took office, during which time Biden revoked Trump’s memorandum.
The lawsuit aligns with the recent release of 2024 population estimates from the U.S. Census, indicating population growth in red states while blue states reportedly experience losses.
Additionally, a research organization known as the American Redistricting Project, founded by GOP members, generated maps reflective of recent Census data. These maps suggest that red states could gain additional seats in 2030 if only U.S. citizens were accounted for in population counts.
James Blair, White House deputy chief of staff, recently raised concerns on social media regarding these maps, drawing attention to the substantial representation gain for red states if illegal immigrants are excluded from census apportionment.
Blair stated, “Translation: not counting illegals in the census for purposes of apportionment moves a net 22 House Seats and Electoral Votes from Blue States to Red States.”
Missouri’s lawsuit alleges that the millions of immigrants residing in the country illegally are primarily concentrated in blue states. This concentration reportedly distorts the U.S. Census figures, enabling these states to secure more representation in Congress. Democrats broadly oppose initiatives to exclude illegal immigrants from census counts.
Furthermore, Missouri’s legal team posits that blue states may have incentives to implement policies advantageous to illegal immigrants since their presence augments the total population numbers, resulting in increased congressional representation.
The attorneys representing Missouri assert, “Given the political power gained from a higher number of illegal aliens, states like California and New York intentionally undermine federal authority by defending the interests of these individuals.”
In a statement addressing the lawsuit, Attorney General Hanaway declared that Missouri voters can no longer disregard the persistent denial of their rights to self-govern and receive fair representation.
She emphasized, “The framers of the Constitution and the Fourteenth Amendment never intended for an absurd system where 15 million illegal trespassers can hijack representation in the federal government and commandeer the path to the White House.”
Fox News Digital has reached out to the Department of Commerce for their response regarding this legislative move.
A Complicated Legislative Landscape
The legal battle surrounding census representation has become increasingly complex as states grapple with the implications of illegal immigration on population counts. Missouri’s lawsuit highlights a significant intersection of immigration policy and electoral representation.
As each party navigates the political ramifications of census figures, the outcome of this lawsuit could set a groundbreaking precedent. The idea of recalibrating representation based solely on citizenship status may reshape conversations regarding immigrant policies and their influence on legislative power.
Looking Ahead to Possible Outcomes
As the legal process unfolds, many anticipate a protracted battle in courts, where the nuances of constitutional interpretation will be scrutinized. The implications of such a ruling may reverberate nationwide, influencing how states approach their population counts and representation in Congress.
Public opinion may also play a pivotal role as this case progresses. Residents of Missouri and beyond may express their views on illegal immigration and its effects on governance. This could result in heightened scrutiny of states’ apportionment strategies and their long-term impact on national politics.
Ultimately, this lawsuit represents more than just a legal challenge; it embodies the ongoing debate about immigration, representation, and the principles that underpin our democracy.
