Thread: Bill to ask Immigration status in 2010 census H.R.3797

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

I am glad she is doing this, but from what I have heard the printing presses are already running day and night not asking that question. By the time the Hispanic Caucus gets through delaying it any way they can, it may never make it.

The census is to count american citizens but this is a good way to gather info.

Fox calls for count of illegals

By Jim McNally | Statesville R&L

Published: October 15, 2009

Fifth Congressional District U.S. Rep. Virginia Foxx introduced a bill Wednesday in Congress that would require the Census Bureau to make a determination as to the number of illegal immigrants present in the country as part of its findings in the decennial census.

Foxx, a Republican, said the bill — called the Fairness in Representation Act (H.R. 3797) — addresses a glitch in the census, which currently does not distinguish between undocumented immigrants and those who are in the country legally.

"Accurately counting the number of illegal immigrants in our country is a matter of equity and justice for American citizens and those legally present in the U.S.," Foxx said in a press release. "This bill is a common sense proposal to require the Census Bureau to ask about citizenship status on the same census form that already asks recipients' race, age, and sex."

Foxx's legislation aims to prevent what she says could be unfair distortions in the distribution of House of Representative seats among the 50 states caused by populations of illegal immigrants in certain areas.

She said that by counting illegal immigrants, the Census Bureau will be able to provide accurate data for the reapportionment and redistricting process.

Without the information, some states will receive fewer congressional representatives than they should due to other states' higher illegal immigrant population, Foxx said.

"The census is a linchpin in the proper functioning of America's democratic and legislative process," Foxx said. "Ensuring that the final tally is accurate and fair will mean everyone's vote counts equally after congressional districts are redrawn in the coming years."

Senators David Vitter (R-La.) and Robert Bennett (R-Utah) recently introduced an amendment to a Senate appropriations bill that would bar funding for the Census Bureau unless it adds questions about immigration and citizenship status to the census survey.

A summary of H.R. 3797 as taken from a draft of the bill is as follows:

"To prevent congressional reapportionment distortions by requiring that, in the questionnaires used in the taking of any decennial census of population, a checkbox or other similar option be included for respondents to indicate citizenship status or lawful presence in the United States."

Foxx's press secretary, Aaron Groen, said if both bills pass their respective chambers they will be joined in committee and sent to President Barack Obama to either be signed into law or vetoed.

"The bill is simple but elegant," Groen said. "And it just makes sense."

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