Why did President Joe Biden reverse former President Donald Trump’s order excluding noncitizens from being counted in the census, while simultaneously issuing a slew of executive orders decimating the integrity of our southern border? While illegal immigrants cannot vote in elections (despite Democrats’ best efforts), the left is using their illegal presence to rig elections by shifting the political landscape through apportionment.
Both congressional and electoral college apportionment is derived from the number of residents in a particular area. Trump signed a memo in July of 2020 that barred illegal immigrants from being counted in the census, which is used to apportion representation in Washington. Biden, however, reversed the policy and ordered the census to include illegal immigrants and other noncitizens.
This means that American citizens aren’t receiving balanced representation in their government.
States can pick up — or lose — a congressional seat depending on the size of their population, despite the fact that some of that population may not even be allowed to vote. Millions of illegal immigrants, many of whom are in large, left-leaning cities, dilute the voting power of American citizens who may live in a mildly populated area composed of legal residents.
And Democrats know what they’re doing.
[READ: 2020 Census Asks For Your Racial Identity, But Not If You’re A Citizen]
Democrat New York Rep. Yvette Clark said during a 2021 hearing that her district “can absorb a significant number of these migrants” because “I need more people in my district, just for redistricting purposes.”
Clark’s resurfaced clip prompted Republican Sens. Bill Cassidy of Louisiana, Bill Hagerty of Tennessee, and others to introduce the “Equal Representation Act” which would mandate only legal citizens are counted for congressional districts and the Electoral College map.
Sanctuary Cities
So-called “sanctuary cities,” which promise not to enforce immigration laws and often guarantee lodging to illegal residents, have long blurred the lines of law, bucking federal immigration policy and then begging taxpayers to foot the bill.
But despite the drain on government resources — and sometimes violence — these policies invite, these cities and left-leaning states have reason to incentivize illegal immigrants because it helps them adjust for apportionment.
As residents flee blue states like California and New York for more family-friendly and taxpayer-friendly states like Florida and Texas, Democrats need to recoup their population losses. Illegal immigrants inflate the census data, which in turn could help Democrats retain their power.
Constitutionally Suspect
The framers likely would not support Biden’s position that illegal immigrants deserve to be counted in apportionment to determine representation.
The Constitution’s original census clause stated:
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, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.
Following the Civil War, the 14th Amendment stipulated that “Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State.”
But “whole number of persons” was likely not intended to encompass those illegally residing in the states.
Prior to the ratification of the Constitution, most northern states advocated for no slaves to be counted in the apportionment proceedings so that slaveholding states, some of which had slave populations as high as 43 percent of their total residents, would not have an unfair amount of representation compared to their actual voting weight.
The three-fifths compromise also lessened the incentive for slaveholding states to import more slaves in order to expand their population and increase their representation.
No ‘Colorable Constitutional Claim’
Lower courts had blocked Trump’s memorandum from taking effect after 23 states challenged the memo, saying it violated the Constitution and federal census statutes.
The Supreme Court has never weighed in on the question nor answered whether the word “persons” encompasses illegal immigrants for the purpose of apportionment.
But the high court has previously ruled in Mathews v. Diaz, a case regarding the Social Security Act, that while illegal immigrants are entitled to due process protections under the Fifth and 14th Amendments, they are not entitled to the benefits of citizenship.
Justice John Paul Stevens wrote for the unanimous court:
Neither the overnight visitor, the unfriendly agent of a hostile foreign power, the resident diplomat, nor the illegal entrant, can advance even a colorable constitutional claim to a share in the bounty that a conscientious sovereign makes available to its own citizens and some of its guests.
If voting, which is a benefit exclusively for citizens, is off-limits to illegal immigrants, it would be hard to imagine that illegal immigrants should be empowered to dilute the weight of a vote by artificially expanding the population and increasing the representational advantage of one area while taking it away from another area that is populated by legal residents. And yet, thanks to Democrats, that’s exactly what they’re doing.
