Congressional Apportionment and Illegal Aliens

   By Bob Shapiro

It’s 2018, which means that in just 2 years, the US will take its next Census.

One estimate (see below) shows that there are over 11 million ‘unauthorized immigrants’ – illegal aliens – living in the US. As wacky as it may sound, all those illegal aliens will be counted and used to determine Congressional apportionment. The more illegal aliens, the more Congressional seats a state can win.

In California, with much recent notoriety regarding Sanctuary Cities, about 6% (about 2 1/3 MILLION people) are illegal aliens. If California were to lose their illegal alien population, they possibly could lose 3 seats in Congress from their current 53 seat total. No wonder they declare Sanctuary status!

The US Census is required under the US Constitution (Article 1, Section 2), which delegates to Congress to decide on how the Census is to take place. 13 US Code, Article 141 sets this out. The 14th Amendment, Article 2 talks about Citizens relating to apportionment.

The upshot is not completely clear, but it appears to me that only Citizens should be counted toward Congressional apportionment – and this makes eminent sense. Members of Congress are supposed to represent Americans in their districts, not non-Americans.

At the very least, Congress should modify the law to say that:

  • The Census should ask for citizenship status
  • For purposes of Congressional apportionment, only American citizens counts should apply.

——————————————————————————————————————

Estimated unauthorized immigrant population, by state, 2014

California has by far the largest number of unauthorized immigrants, about 2.3 million in 2014. About six-in-ten unauthorized immigrants live in the six states with the largest populations of unauthorized immigrants—California, Florida, Illinois, New Jersey, New York and Texas. See our report: Overall Number of U.S. Unauthorized Immigrants Holds Steady Since 2009

+-U.S. total: 11,100,000

Unauthorized immigrant population, 2014
California: 2,350,000
500,000 – 2,350,000
180,000 – 450,000
100,000 – 130,000
25,000 – 95,000
10,000 or less

Note: Population figures are rounded. See methodology for rounding rules.
Source: Pew Research Center estimates for 2014 based on augmented American Community Survey data from Integrated Public Use Microdata Series (IPUMS).

State Unauthorized immigrant population, 2014 Unauthorized immigrant share of population, 2014 Unauthorized Share of immigrant population, 2014 Unauthorized immigrant share of labor force, 2014 Share of K-12 students with unauthorized immigrant parent(s), 2014 Share Mexican of unauthorized immigrants, 2014 Change in unauthorized immigrant population, 2009-2014
Total 11,100,000 3.5% 26% 5.0% 7.3% 52% n.s.
Alabama 65,000 1.3% 39% 1.8% 2.8% 52% -15,000
Alaska 10,000 1.3% 17% 1.9% 2.4% 13% n.s.
Arizona 325,000 4.9% 35% 6.6% 12.2% 81% n.s.
Arkansas 70,000 2.4% 48% 3.5% 6.0% 70% n.s.
California 2,350,000 6.0% 22% 9.0% 12.3% 71% -190,000
Colorado 200,000 3.8% 37% 4.9% 10.2% 72% n.s.
Connecticut 120,000 3.4% 24% 4.7% 5.5% 18% n.s.
Delaware 25,000 2.7% 31% 4.0% 4.2% 43% n.s.
District of Columbia 25,000 3.9% 26% 4.9% 6.6% 3% n.s.
Florida 850,000 4.2% 20% 6.2% 7.6% 19% n.s.
Georgia 375,000 3.6% 36% 5.2% 8.4% 56% -55,000
Hawaii 45,000 3.2% 18% 4.6% 5.2% 3% n.s.
Idaho 45,000 2.7% 42% 4.0% 6.8% 87% n.s.
Illinois 450,000 3.5% 24% 5.0% 7.2% 71% -55,000
Indiana 110,000 1.6% 32% 2.2% 3.5% 63% n.s.
Iowa 40,000 1.3% 26% 1.8% 3.2% 62% n.s.
Kansas 75,000 2.5% 35% 3.4% 6.7% 74% -20,000
Kentucky 50,000 1.1% 30% 1.7% 2.1% 50% n.s.
Louisiana 70,000 1.5% 36% 2.2% 2.2% 39% 15,000
Maine <5,000 0.3% 8% 0.4% 0.4% N.A. n.s.
Maryland 250,000 4.2% 27% 5.9% 7.5% 11% n.s.
Massachusetts 210,000 3.1% 19% 4.0% 4.6% 2% 35,000
Michigan 130,000 1.3% 20% 1.7% 2.3% 35% n.s.
Minnesota 100,000 1.9% 23% 2.7% 3.8% 45% n.s.
Mississippi 25,000 0.8% 37% 1.3% 1.3% 69% n.s.
Missouri 55,000 0.9% 24% 1.3% 1.8% 39% n.s.
Montana <5,000 0.3% 14% 0.4% 0.1% N.A. n.s.
Nebraska 45,000 2.5% 38% 3.2% 6.7% 61% n.s.
Nevada 210,000 7.2% 36% 10.4% 17.6% 70% -30,000
New Hampshire 10,000 0.8% 14% 1.0% 1.3% 2% n.s.
New Jersey 500,000 5.4% 24% 7.9% 7.6% 24% 45,000
New Mexico 85,000 4.0% 37% 5.6% 10.1% 91% n.s.
New York 775,000 3.9% 17% 5.9% 6.0% 25% n.s.
North Carolina 350,000 3.4% 43% 5.0% 8.7% 60% n.s.
North Dakota <5,000 0.5% 13% 0.7% 0.7% N.A. n.s.
Ohio 95,000 0.8% 19% 1.1% 1.5% 28% n.s.
Oklahoma 95,000 2.4% 41% 3.4% 6.3% 71% n.s.
Oregon 130,000 3.2% 32% 4.8% 8.6% 71% n.s.
Pennsylvania 180,000 1.4% 22% 2.0% 2.6% 20% 50,000
Rhode Island 30,000 2.9% 21% 4.0% 6.4% 6% n.s.
South Carolina 85,000 1.8% 37% 2.6% 3.9% 64% -15,000
South Dakota 5,000 0.6% 21% 0.8% 0.6% 22% n.s.
Tennessee 120,000 1.9% 37% 2.8% 3.9% 49% n.s.
Texas 1,650,000 6.1% 35% 8.5% 13.4% 71% n.s.
Utah 100,000 3.5% 39% 5.4% 7.4% 72% n.s.
Vermont <5,000 0.3% 8% 0.3% 0.0% N.A. n.s.
Virginia 300,000 3.5% 28% 5.0% 6.5% 14% 35,000
Washington 250,000 3.6% 27% 5.0% 8.8% 52% 40,000
West Virginia <5,000 0.2% 15% 0.2% 0.3% N.A. n.s.
Wisconsin 80,000 1.3% 27% 1.9% 3.2% 74% n.s.
Wyoming 5,000 1.0% 27% 1.4% 2.3% 58% n.s
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