My Two Census

Formerly the non-partisan watchdog of the 2010 US Census, and currently an opinion blog that covers all things political, media, foreign policy, globalization, and culture…but sometimes returning to its census/demographics roots.

Posts Tagged ‘alien’

Louisiana vs. The Census Bureau, Department of Commerce, and Obama Administration

Tuesday, January 17th, 2012

On November 14, 2011, Louisiana Attorney General Buddy Caldwell ”filed suit in the U.S. Supreme Court seeking to recover the congressional seat taken from Louisiana as a result of the 2010 Census. To properly apportion seats in the U.S. House of Representatives, the Constitution requires that a census be taken every 10 years to count the number of lawful residents in each state. In the 2010 Census, the Census Bureau included illegal foreign nationals, along with holders of guest-worker visas and student visas, in the count of lawful residents of each state. As a result of the Census Bureau’s practice, states with large numbers of illegal foreign nationals gained congressional seats, while states with low numbers of illegal foreign nationals, like Louisiana, lost congressional seats.”

This sentiment was augmented by conservative watchdog group Judicial Watch which took further action today:

Judicial Watch, the organization that investigates and fights government corruption, announced today that it filed an amicus curiae brief with the U.S. Supreme Court on behalf of the State of Louisiana challenging a current federal policy in which “unlawfully present aliens” were counted in the 2010 Census (Louisiana v. Bryson).

The government used these census numbers to reapportion seats in the House of Representatives and, as a result, the State of Louisiana lost a House seat to which it was entitled.  Louisiana is asking that the Supreme Court order the federal government to recalculate the 2010 apportionment of House seats based upon legal residents as the U.S. Constitution requires.

Judicial Watch’s brief was filed on January 13, 2012, in partnership with the Allied Educational Foundation (AEF) in a lawsuit filed by the State of Louisiana against John Bryson, U.S. Secretary of Commerce; Robert Groves, Director of the U.S. Census Bureau; and Karen Lehman Hass, Clerk of the U.S. House of Representatives.  According to the brief:

Amici are concerned about the failure to enforce the nation’s immigration laws and the corrosive effect of this failure on our institutions and the rule of law.  Among the problems caused by this failure is a redistribution of seats in the U.S. House of Representatives to States with large populations of unlawfully present aliens.

Amici respectfully submit that neither Article I Section 2 of the U.S. Constitution, the Fourteenth Amendment, or any other provision of the Constitution authorize or permit the inclusion of unlawfully present aliens in the apportionment process.  As a result, this case raises issues critical not just to Louisiana, but to every State, every American citizen, and our federal system of government.

Judicial Watch argues that due to this Census Bureau policy at least five states will lose House seats to which they are entitled.  For example, based upon the Census Bureau’s calculation, Louisiana is being allocated only six House seats, as opposed to the seven that it would have been apportioned, were it not for the inclusion of illegal aliens and “non-immigrant foreign nationals,” encompassing holders of student visas and guest workers.  The brief also notes that the “apportionment, in turn, determines the apportionment of electors in the Electoral College for the next three presidential elections.”

Our Unconstitutional Census

Monday, August 10th, 2009

Here is an excerpt from a very interesting op-ed that was published in today’s Wall Street Journal (For the entire article, CLICK HERE):

California could get nine House seats it doesn’t deserve because illegal aliens will be counted in 2010.

By JOHN S. BAKER AND ELLIOTT STONECIPHER

Mr. Baker teaches constitutional law at Louisiana State University. Mr. Stonecipher is a Louisiana pollster and demographic analyst.

Next year’s census will determine the apportionment of House members and Electoral College votes for each state. To accomplish these vital constitutional purposes, the enumeration should count only citizens and persons who are legal, permanent residents. But it won’t.

Instead, the U.S. Census Bureau is set to count all persons physically present in the country—including large numbers who are here illegally. The result will unconstitutionally increase the number of representatives in some states and deprive some other states of their rightful political representation. Citizens of “loser” states should be outraged. Yet few are even aware of what’s going on.

In 1790, the first Census Act provided that the enumeration of that year would count “inhabitants” and “distinguish” various subgroups by age, sex, status as free persons, etc. Inhabitant was a term with a well-defined meaning that encompassed, as the Oxford English Dictionary expressed it, one who “is a bona fide member of a State, subject to all the requisitions of its laws, and entitled to all the privileges which they confer.”

Thus early census questionnaires generally asked a question that got at the issue of citizenship or permanent resident status, e.g., “what state or foreign country were you born in?” or whether an individual who said he was foreign-born was naturalized. Over the years, however, Congress and the Census Bureau have added inquiries that have little or nothing to do with census’s constitutional purpose.

By 1980 there were two census forms. The shorter form went to every person physically present in the country and was used to establish congressional apportionment. It had no question pertaining to an individual’s citizenship or legal status as a resident. The longer form gathered various kinds of socioeconomic information including citizenship status, but it went only to a sample of U.S. households. That pattern was repeated for the 1990 and 2000 censuses.

The 2010 census will use only the short form. The long form has been replaced by the Census Bureau’s ongoing American Community Survey. Dr. Elizabeth Grieco, chief of the Census Bureau’s Immigration Statistics Staff, told us in a recent interview that the 2010 census short form does not ask about citizenship because “Congress has not asked us to do that.”

Because the census (since at least 1980) has not distinguished citizens and permanent, legal residents from individuals here illegally, the basis for apportionment of House seats has been skewed. According to the Census Bureau’s latest American Community Survey data (2007), states with a significant net gain in population by inclusion of noncitizens include Arizona, California, Florida, Illinois, Nevada, New Jersey, New York and Texas. (There are tiny net gains for Hawaii and Massachusetts.)

This makes a real difference. Here’s why:

According to the latest American Community Survey, California has 5,622,422 noncitizens in its population of 36,264,467. Based on our round-number projection of a decade-end population in that state of 37,000,000 (including 5,750,000 noncitizens), California would have 57 members in the newly reapportioned U.S. House of Representatives.

However, with noncitizens not included for purposes of reapportionment, California would have 48 House seats (based on an estimated 308 million total population in 2010 with 283 million citizens, or 650,000 citizens per House seat). Using a similar projection, Texas would have 38 House members with noncitizens included. With only citizens counted, it would be entitled to 34 members.