Thread: Lawsuit Demands that Illegals be Removed from TX census

It's funny how cuddling up to illegals leads to all kinds of sticky
and embarrassing situations nobody ever thought about.

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Lawsuit Demands that Illegal Immigrants be Removed from Texas Census Count

Claims using Census figures for political redistricting violates the constitution

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By Jim Forsyth
Wednesday, February 16, 2011

View the Lawsuit here!

Three activists in the Texas 'Tea Party' movement have filed a federal lawsuit demanding that 2010 Census figures not be used in the state's redistricting effort, claiming that since Census counts include illegal immigrants, counting them as residents in redrawing political boundaries dilutes the voting rights of citizens and is a violation of the Voting Rights Act of 1965, 1200 WOAI news repots.

"We want a three judge panel to take a look at it," said Kaaren Teuber of Van Alstyne Texas, one of the three named plaintiffs in the lawsuit.

The lawsuit, which was filed in the U.S. District Court for the Eastern District of Texas in the city of Sherman names as defendants the Governor, Lieutenant Governor, the Speaker of the Texas House, the chairs of the Texas Democratic and Republican Parties, and U.S. Commerce Secretary Gary Locke and U.S. Census Bureau Director Robert Groves.

"We want a fair process that follows all of the requirements of the law," Teuber said.

The lawsuit claims that since the estimated number of illegal aliens differs so much from Congressional district to Congressional district that a citizen's vote for Congress from the 23rd District, which sprawls for more than 600 miles along the Rio Grande and is estimated to contain hundreds of thousands of illegal immigrants, is actually stronger than a citizen's vote for Congress in the state's Fourth District, which hugs the Oklahoma border and contains a smaller number of illegal immigrants.

"The Equal Protection Clause of the Fourteenth Amendment requires states to construct legislative districts that are substantially equal in total population," the lawsuit states. As a result of the disparate number of illegal immigrants in each district, "the strength of Plaintiff's votes in the Fourth District might be diluted when compared with the citizens' votes in the 23rd District."

The lawsuit also claims that 'the inclusion of undocumented immigrants in the U.S. Census might have the purpose and effect of strengthening the Hispanic vote, and if so this practice could violate the equal protection and due process guarantees of the Fourteenth Amendment and Fifteenth Amendment to the United States Constitution, the Voting Rights Act, and the Texas Constitution.'

The lawsuit claims equal disparities will exist in other offices which are elected by district, including the State Legislature, the State Board of Education, and the Texas Railroad Commission.

"We don't feel that the process that was fair and we want a fair process," Teuber said. "We want all the requirements of the law to be followed."

The lawsuit demands that a three-judge panel be convened to declare 'that the use of inaccurate census data for purposes of reapportionment and redistricting in the State of Texas denies the Plaintiff's rights as guaranteed by the United States Constitution and federal law,' and demands an 'adjustment' of the 2010 census population to take into consideration the number of illegal immigrants in the state.

There is no accurate count of the number of illegal aliens living in Texas, but the number is routinely estimated to be more than one million. It is uncertain how the number of illegal immigrants in each Congressional and state legislative district would be determined.

The lawsuit also demands that current Congressional districts in the state be declared 'unconstitutional and of no further force and effect.'

http://radio.woai.com/cc-common/news/se ... le=8179672

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