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Miller says illegal immigrant count unfairly helps some states
Her constitutional amendment could add representative to Michigan

PUBLISHED: June 14, 2005

By Chad Selweski
Macomb Daily Staff Writer

U.S. Rep. Candice Miller has launched a high-profile campaign to prevent border states from obtaining seats in Congress based on residents who are illegal immigrants.

Miller is proposing a constitutional amendment that would only allow legal U.S. citizens -- not all persons -- to count toward representation in the House of Representatives. If such a change had been in place for the 2000 census, Michigan would not have lost a House seat and California, Texas, Florida and New York would have secured fewer seats.

"I honestly think this is about basic fairness and principle," said Miller, a Harrison Township Republican. "They (illegal aliens) should not be represented with the same voice in Congress as our citizens."

The Constitution requires that the census count persons in each state every 10 years to determine the apportionment of the 435 seats in the House. Miller recently learned that the decennial process counts illegal immigrants -- 5.4 million in California alone -- when determining each state's representation.

To drum up support for the plan, the congresswoman launched a media blitz Monday that will include appearances on CNN, MSNBC, Bill O'Reilly's show on the Fox News Channel and national talk-radio shows such as those hosted by Michael Reagan and G. Gordon Liddy.

"This issue strikes a nerve with people, when you explain what's happening," said Miller, the former chief elections official in Michigan as secretary of state. "I think Americans have lost their sense of humor about our very porous borders and the number of illegal aliens coming into the United States."

Portraying the current census count as a violation of the one-man, one-vote principle that rules the House, Miller offers a comparison between her 10th Congressional District and the 31st Congressional District in southern California.

Just 2 percent of the 10th District consists of non-citizens. In California's 31st, 41 percent are non-citizens. As a result, the number of votes cast in the 31st in 2002 was about 67,000 -- requiring a 34,000-vote majority to win election. In the 10th, 217,000 votes were cast and Miller won with 137,000 votes.

According to figures compiled by the Congressional Research Service, if the Miller amendment had been in place in 2000, California would have six fewer seats in the House and Texas, Florida and New York would each have one less seat.

Michigan, Indiana, Kentucky, Mississippi, Montana, Oklahoma, Pennsylvania, Wisconsin and Utah would each have one additional seat.

The redistricting process that began with the 2000 census and took effect with the 2002 elections saw Michigan's House delegation shrink from 16 to 15 members.

All recent attempts to amend the Constitution have proven to be long, futile efforts and Miller concedes her campaign faces long odds. A constitutional amendment requires two-thirds majorities in the House and Senate and approval from three-fourths of the state legislatures.

Miller would be up against the congressional delegations from the nation's four largest states -- those that would lose seats under the change.

The congresswoman predicted that border-state lawmakers will argue that all residents of their districts -- citizens and non-citizens -- have needs and deserve representation. But Miller said that her office has consistently made a distinction between non-citizens and the many legal immigrants in her district. Those constituents who have immigration problems do not receive a call back from her office, she said.

"They're not citizens. They've had opportunities to become citizens and haven't," she said. "I get paid by the citizens, the taxpayers."