Kansas AG Kobach Legal Fight Demands: Stop Census From Counting Illegal Aliens

This is an interesting ask at the outset of the MAGA era . . . Probably intended for Sunday morning editorials . . . We wanted to share with our readers early . . . Here's the word . . . 

Kobach files lawsuit to stop Census from counting illegal aliens

TOPEKA - (Jan. 16, 2025) – Kansas Attorney General Kris Kobach and attorneys general from Louisiana, Ohio, and West Virginia filed a lawsuit against the Biden administration in Louisiana District Court to stop the U.S. Census Bureau from counting illegal aliens for reapportionment purposes in 2030.

"It is a national embarrassment that the most powerful country in the world does not know how many citizens it has and has not known for decades. Because the federal government has been counting illegal aliens in the census, California has many more congressional seats and electoral votes than it should. This lawsuit will restore the Founding Fathers' original vision of the United States," Kobach said.

According to the lawsuit, the U.S. Census Bureau's existing residence rule unlawfully requires counting illegal aliens and nonimmigrant aliens in the apportionment base used for assigning seats in the U.S. House of Representatives and the Electoral College.

Ohio and West Virginia each lost a congressional seat and an electoral vote to states with higher illegal immigrant populations in the 2020 Census, according to the complaint. The suit also warns that Kansas and Louisiana will likely lose congressional seats and electoral votes in the 2030 Census because of the unlawful residence rule.

During the 2000, 2010, and 2020 censuses, the rule resulted in redistribution of congressional seats from states with fewer aliens to states with higher alien populations. For instance in 2022, Pew Research estimated that 56% of the nation's 11.7 million aliens lived in just six states: California, Texas, Florida, New York, New Jersey, and Illinois. U.S. Department of Homeland Security estimates revealed similar numbers.

According to the suit, the rule also deprives Plaintiff states of federal funding that is proportioned on the basis of population, violates the Fourteenth Amendment, and is inconsistent with the constitutional requirement of near-equal representation.

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