[Congressional Record Volume 164, Number 84 (Tuesday, May 22, 2018)]
[House]
[Pages H4287-H4288]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     2020 CENSUS AND ILLEGAL ALIENS

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Alabama (Mr. Brooks) for 5 minutes.
  Mr. BROOKS of Alabama. Mr. Speaker, I rise today to defend Alabama 
citizens' right to fair representation and equal apportionment under 
the United States Constitution.
  In some recent censuses, the Census Bureau counted illegal aliens, 
and indications are they will count illegal aliens again in the 2020 
census. This potentially illegal practice puts Alabama at significant 
risk of losing a congressional seat when the 2020 census 
reapportionment occurs for the 2022 elections.

[[Page H4288]]

  For this reason, the State of Alabama and I have filed suit in 
Federal District Court for the Northern District of Alabama against the 
United States Department of Commerce and the Census Bureau to require 
them to exclude illegal aliens when they conduct the 2020 census.
  Specifically, the State of Alabama and I challenge the legality of 
the Department of Commerce's residence rule, which counts everyone, 
including illegal aliens, in America's population count.
  If the roughly 15 million illegal aliens in America--no one knows for 
sure how many there are--were dispersed throughout the United States in 
equal proportion to each State's population, then no State would be 
disadvantaged in congressional representation and this discrimination 
issue would be moot.
  However, the difference in illegal alien population between States is 
dramatic. According to Department of Homeland Security 2014 estimates, 
46 percent of America's illegal aliens live in just three States. 
California, with the greatest concentration of illegal aliens, 
estimated at 2.9 million, has roughly four more Congressmen due to 
apportionment that counts illegal aliens. Reapportionment of House 
seats and electoral votes is a zero-sum proposition: one State's gain 
is another State's loss. With an estimated 65,000 illegal aliens, 
Alabama citizens, and citizens of many other States as well, lose 
proportional representation because of various open borders policies of 
some States.
  The exact effects of the illegal alien population on the 
apportionment of Congressmen is complex based on the Method of Equal 
Proportions formula that is used to minimize the percentage difference 
in population per Congressman.
  But one thing is clear: Simulations of the apportionment process, 
using current population projections, suggest Alabama is at great risk 
of losing a congressional seat if the Census Bureau counts illegal 
aliens.
  As with anything in the United States Constitution, the census should 
be read, understood, and strictly administered according to its 
original intent. The 14th Amendment protects the rights of citizens to 
fair and equal representation. Any deviation in this process threatens 
the right of each American citizen to fair and equal representation in 
Congress.
  We cannot allow a small number of States to cheat the rest of America 
by promoting illegal immigration and then, as a reward for their 
lawless conduct, to receive greater proportional representation in 
Congress and the electoral college.
  Mr. Speaker, the question is clear: Should congressional 
representation be based on the number of American citizens or expanded 
to include the number of illegal aliens?
  I cannot speak for anyone else in Washington, D.C., but for me. And, 
as for me, I side with American citizens, not illegal aliens and 
illegal conduct.
  America is a Republic, and the essence of being a Republic is respect 
for the right of American citizens to equal protection and equal 
influence over congressional elections.
  Any attempt by the Census Bureau to undermine American citizens' 
equal protection and equal influence over congressional elections must 
be opposed. That is exactly what the State of Alabama and I are doing 
by filing this action on behalf of Alabama citizens.

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