Counting illegal immigrants’ voting power encourages illegal immigration and destroys equal representation by making some citizens’ votes more powerful than others
WASHINGTON—Today, United States Senator Bill Hagerty (R-TN), a member of the Senate Rules Committee, led his colleagues in reintroducing the Equal Representation Act, legislation to ensure that only legal citizens are factored into the count for Congressional districts and the Electoral College map that determines presidential elections. The current method of counting illegal immigrants for purposes of representation serves as a perverse incentive for open borders to boost the relative political power of the states and voters that court it.
Currently, illegal immigrants are counted for congressional district apportionment and, therefore, Electoral College votes. For example, in a state like California, millions of illegal alien residents result in California taking several more congressional seats and Electoral College votes than the states’ population of citizens would justify. In other words, being a magnet for illegal immigration increases the power of a Californian’s vote relative to an individual in another state with less population boost from illegal immigration. This creates a perverse incentive encouraging illegal immigration and resettlement to increase political power.
Co-sponsors of the legislation include Senators Katie Britt (R-AL), Ted Budd (R-NC), Kevin Cramer (R-ND), Mike Crapo (R-ID), Steve Daines (R-MT), John Hoeven (R-ND), Ron Johnson (R-WI), Jim Justice (R-WV), James Lankford (R-OK), Mike Lee (R-UT), Cynthia Lummis (R-WY), Roger Marshall (R-KS), Pete Ricketts (R-NE), Jim Risch (R-ID), Eric Schmitt (R-MO), Rick Scott (R-FL), Tim Sheehy (R-MT), and Tommy Tuberville (R-AL).
“It is unconscionable that illegal immigrants and non-citizens are counted toward congressional district apportionment and our electoral map for the presidency, which also heavily skews the seat count in the U.S. House of Representatives,” said Senator Hagerty. “While people continue to flee Democrat-run cities, desperate Democrats have back-filled the mass exodus with illegal immigrants so that they do not lose their seats in Congress or their electoral votes, hence artificially boosting their political power and in turn diluting the power of other Americans’ votes. I’m pleased to lead my colleagues in reintroducing this legislation that would require a citizenship question on the census and will ensure that only citizens are counted in congressional redistricting.”
“Every ten years when the census is conducted, it’s imperative that only U.S. citizens are included in the count to determine the apportionment of congressional seats and allocation of Electoral College votes,” said Senator Britt. “Counting illegal aliens for these critical purposes only rewards reckless jurisdictions for supporting open borders and sanctuary policies. The Equal Representation Act is a straightforward and commonsense measure to uphold fundamental fairness, and I’m proud to cosponsor it.”
“For years, Democrat-run sanctuary cities and states have used millions of illegal aliens to grow their political influence,” said Senator Budd. “Their actions have stripped power away from American citizens who deserve to have their voices and votes equally accounted for. Illegal aliens have no place dictating the congressional seats or Electoral College votes a state receives.”
“The Census is the foundation for representation in our political system, and any census that could include non-citizens in the apportionment count is really concerning to me, and it ought to be to all North Dakotans,” said Senator Cramer. “Illegal immigrants and non-citizens cannot vote and should not be used as pawns as the Democrats redistrict in various states. Our Census has to count both Americans and non-Americans but should also distinguish between them.”
“Only U.S. citizens should be included in Census Bureau counts to apportion congressional and Electoral College representation,” said Senator Crapo. “This vital reform would prevent states like California and New York from padding their population totals with those here illegally to tip the scales and boost their political power in Washington, D.C.”
“The law is clear- illegal immigrants are not citizens of the United States and should not be counted as such,” said Senator Daines. “This bill is a commonsense measure to prohibit illegal immigrants from being counted in censuses, so that sanctuary cities can’t exploit the electoral college and taxpayer resources.”
“The Biden Administration’s open border policies have created the worst border crisis in history,” said Senator Johnson. “This bill ensures that congressional seats are apportioned based solely on U.S. citizens, protecting the integrity of our democratic system. Americans deserve to have their voices fully represented in Congress, not diluted by those who entered the country illegally.”
“This is just commonsense,” said Senator Justice. “Absolutely no one who is in this country illegally should be counted when it comes to Congressional seats or Electoral College votes. Representation should be decided by American citizens-period. I am proud to support the Equal Representation Act to protect the integrity of our elections and to ensure every legal vote is counted equally.”
“Only American citizens should count toward the apportionment of congressional seats and Electoral College votes,” said Senator Lummis. “Under current law, states harboring large illegal alien populations get extra representation and power at the expense of law-abiding states like Wyoming. This bill protects a fair electoral process and prevents Democrat-led states from ignoring federal immigration laws.”
“The Equal Representation Act stands for a simple proposition: Americans should decide American elections,” said Senator Marshall. “States like California and New York should not be able to inflate their votes in the Electoral College—and in Congress—by counting non-citizens in the Census. I’m proud to support this bill to ensure that every vote in the Electoral College and Congress reflects the voices of American citizens only.”
“Since 1820, the federal government has routinely utilized the Census to ask questions about citizenship status,” said Senator Ricketts. “This current policy rewards sanctuary cities and sanctuary states with outsized population because it’s counting people who came here illegally. Those people broke the law and must not be counted for representation. It’s fundamentally unfair to Nebraskans, or citizens in states who are following the law, to reward folks in states who are breaking the law. Only citizens can vote in elections and that’s the way it needs to remain.”
“Democrats are undermining the rights of U.S. citizens by encouraging illegal immigrants to enter our country and skew congressional redistricting for political gain,” said Senator Risch. “The Equal Representation Act requires that the Census Bureau include a citizenship question ensuring American values and voices take priority.”
“American elections should be determined by American citizens and American citizens alone,” said Senator Schmitt. “Voting is the foundation of our democracy, giving U.S. citizens a voice in shaping our future. I am proud to join this bill to protect Americans’ vote and keep our elections secure.”
“Illegal aliens shouldn’t be allowed to break the law and be rewarded with taxpayer-funded benefits, and states that shelter them shouldn’t gain increased influence in Washington as a result,” said Senator Rick Scott. “Since illegal aliens are currently counted in the census, states like California receive disproportionate representation in the Electoral College and the House of Representatives. By restoring the census to its pre-2000 standard and including a citizenship question, this bill ensures that states like California don’t gain an unfair advantage over states like Florida, and that every citizen’s vote carries equal weight.”
“Illegal aliens have no right to congressional representation in this country, and they have no right to determine who our elected leaders are,” said Senator Tuberville. “The balance of power shouldn’t be weighed down by people who aren’t citizens of this country. Counting illegals in the Electoral College and congressional districts can completely alter the outcome of our elections. Thankfully, President Trump and his administration are deporting illegals in droves. I’m proud to join Senator Hagerty in reintroducing the Equal Representation Act so that ONLY Americans determine our elected leaders.”
The Equal Representation Act:
- Requires that the Census Bureau include a citizenship question on any future census to provide a greater understanding of the U.S. population and delineate between citizens and non-citizens for apportionment purposes;
- Prohibits non-citizens from being counted for purposes of congressional district and Electoral College apportionment; and
- Requires that the Census Bureau publicly report on certain demographic data.
Background:
- In January 2024, Hagerty led his Senate Republican colleagues in introducing the Equal Representation Act.
- In March 2024, every single Senate Democrat voted against Hagerty’s legislation as an amendment to appropriations bills, which put them on the record siding with illegal aliens over American citizens.
- The House of Representatives passed the Equal Representation Act on May 8, 2024.
- Following House passage, Senate Democrats once again blocked Hagerty’s legislation.
- In a hearing, former Secretary of Commerce Gina Raimondo admitted to Hagerty that higher local illegal alien populations equal more Congressional seats and Electoral Votes.
Full text of the legislation can be found here.
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