Kansas is the latest state to join a growing list of attorneys general suing the Department of Commerce over the Census Bureau’s inclusion of noncitizens in its population count. Louisiana, Ohio, West Virginia and now Kansas are all challenging the agency’s decision to count immigrants regardless of citizenship status.
4 states join lawsuit against Census Bureau
The census follows the Residence Rule, which counts people based on where they live or sleep most of the time. However, all four states want that rule thrown out.
The lawsuit argues immigrants living in the U.S., regardless of whether they’re in the country illegally or have a lawful temporary visa, are being counted in the census. The attorneys general say this practice inflates population numbers. They say, in turn, it impacts the allocation of Congressional seats and Electoral College votes.
The lawsuit highlights how the Residence Rule affected states like Ohio and West Virginia. It says both states lost a Congressional seat, while states with larger noncitizen populations gained seats.
The lawsuit cites Pew Research data that suggests immigrants living illegally in the U.S. made up about 1% of Ohio’s population, less than 3% in Kansas, 1.5% in Louisiana, and about 0.3% in West Virginia.
However, in California, immigrants lacking proper documentation made up nearly 5% of the state’s population, which the lawsuit claims is the highest in the nation.
Census in the U.S. Constitution
The U.S. Constitution mandates that the federal government conduct a census every 10 years and that individuals should be counted regardless of citizenship status. The next U.S. census is scheduled for 2030. The attorneys general argue that including noncitizens violates the 14th Amendment, which guarantees equal representation for U.S. citizens.
Census impacts federal funding for states
Additionally, the lawsuit claims states like Texas and California received more federal funding due to the census numbers. The attorneys general argue noncitizens, who often cannot access these funds, helped allocate money they’re ineligible to use.
Advocates, such as the Latino Community Network, stress the importance of the census in determining vital resources like housing and emergency services. They say an undercount could lead to misallocation of federal funds when and where they are needed most.