Illegal Aliens and the 2010 Census

The Constitution requires that seats in the U.S. House of Representatives be allotted to the states based on “the whole number of persons in each State, excluding Indians not taxed.”

That makes no distinction among U.S. citizens, legal immigrants, and illegal aliens. So, states that have lots of illegal aliens get greater representation in Congress than states that have fewer. More illegal immigrants counted equals more power. This is not hypothetical. The Center for Immigration Studies determined that in the 2000 election cycle, the presence of non-citizens (including illegal immigrants, temporary visitors, and green-card holders) caused nine seats in the House to switch hands. California added six seats it would not have had otherwise. Texas, New York, and Florida each gained a seat. Indiana, Michigan, Mississippi, Oklahoma, Pennsylvania, and Wisconsin each lost a seat. Montana, Kentucky, and Utah each failed to secure a seat they would otherwise have gained.

That injustice is magnified when you consider that some states—and some cities in certain states—have “sanctuary” policies that draw in illegal aliens, while other states and cities are vigorous in standing against illegal immigration. The law-abiding states are disadvantaged, compared with states that have looser laws, when it comes to congressional representation.

A University of Connecticut study predicts that California will gain two seats in Congress after the 2010 census because of growth in the number of illegal aliens there. Florida, New Jersey, and other states could also gain political clout on that illegitimate basis. Is it any wonder that our own Senator Gillibrand recently voted against stopping federal funding of ACORN programs?

The 2010 census will count all persons who physically reside in the United States and will make no distinction between legal and illegal residents. According to Louisiana State University constitutional law professor John Baker and demographic analyst Elliott Stonecipher, this will unconstitutionally give some states greater representation in Congress than they should have, and also deprive other states of the representation they deserve.

Open borders have profound consequences. And they don’t end with congressional apportionment. The redistribution of power extends to presidential elections because the Electoral College is pegged to the size of congressional delegations.

This means states like Arizona, California, Florida, Illinois, Nevada, New Jersey, New York, and Texas stand to gain clout in Congress because they have experienced a significant gain in residents who are not U.S. citizens, according to the Census Bureau’s 2007 American Community Survey data. States that are “certain to lose seats” in Congress, according to Baker and Stonecipher, are: Iowa, Louisiana, Massachusetts, Michigan, Ohio, and Pennsylvania. Other states that will likely lose a seat are Minnesota and Missouri.

No one should oppose a full count of the people who live in the United States, whatever their citizenship status. But everyone should be alarmed over the power of illegal aliens to warp congressional representation and is one more reason why Congress ought to secure our borders.

Ed Kowalski is the Director for 9/11 Families for A Secure America (www.911fsafoudation.org).