From Emily Sanders IRC

My boss has introduced the attached bill directing the Census Bureau to exclude illegal aliens from being included for Congressional apportionment purposes (which also has an impact on the Electoral College count). It does so after directing the Census Bureau to inquire of citizenship/legal presence status on their short form (along with race, age, and sex, as is currently asked). Although this bill is silent on these other issues, having this information will help inform the debate over illegal immigration reform, federal program funding, etc. Regardless of one's views on these issues, we all should agree that having this information is useful for ensuring an informed debate.

Please let me know if you have any questions or would like to cosponsor.

Thanks.
Brandon Renz
Legislative Director
Congresswoman Virginia Foxx

October 14, 2009

Help Ensure Americans Receive Fair and Equal Congressional Representation

Cosponsor H.R. 3797-The Fairness in Representation Act

Dear Colleague:

The Census Bureau should inquire on its short form the citizenship or legal presence status of its respondents and use that information to ensure illegal aliens are not counted for purposes of Congressional apportionment. It's fair, sensible, easy to do, and would help ensure some states don't receive fewer Congressional representatives due to other states' illegal alien population. My bill directs the Census Bureau to inquire of citizenship or legal presence status and use that information for ensuring the fairness and accuracy of Congressional apportionment.


With the ongoing discussion over immigration reform, many Americans might assume that the Census Bureau is counting the number of citizens and those legally present in their decennial count. Unfortunately, that assumption is wrong. Despite the potential such useful data would hold in informing the public and lawmakers on various policy proposals affecting issues such as program funding, reforming immigration laws, and Congressional apportionment, the Census Bureau refuses to inquire of, or officially distinguish their count by, citizenship or legal presence status.


Furthermore, due to the wording used during the drafting of the 14th amendment, the Census Bureau has determined that the figures they use for allocating Congressional seats among the states shall include illegal aliens. This is based on their interpretation of the word "persons", which is a term used by the drafters to include newly freed slaves during a time when illegal immigration wasn't an issue. However, that interpretation has no founding in case law.


My commonsense proposal would simply direct the Census Bureau to inquire of citizenship or legal presence status on its decennial short form that already asks recipients' race, age, and sex and to use that information for apportioning Congressional districts. If you have any questions, or would like to join as a cosponsor of this important bill, please contact Brandon Renz (brandon.renz@mail.house.gov; 5-2071).

Sincerely,

/s

Virginia Foxx

Member of Congress