USA TODAY US Edition

Another view: Illegal immigrants distort fair representa­tion

- Steve Marshall do Steve Marshall is the attorney general of Alabama.

A federal judge, a bevy of private plaintiffs and congressio­nal Democrats are claiming that the once-uncontrove­rsial citizenshi­p question is being revived to suppress noncitizen­s from participat­ing in the census.

While this debate rages on, the state of Alabama is fighting to bring awareness to a separate, but significan­t, census-related issue. Alabama is set to lose one of its seven congressio­nal seats and one of its nine electoral votes — a seat and vote it would not lose if illegal immigrants were excluded from the apportionm­ent base.

Though our lawsuit is unrelated to the citizenshi­p question, states like California, which is challengin­g the question, are the very ones that benefit from the presence of illegal immigrants when it comes to apportionm­ent.

The practice of including illegal immigrants in the census has repeatedly resulted in the unlawful distributi­on of additional House seats and electoral votes to states with high numbers of illegal immigrants from states with low numbers of illegal immigrants, depriving those states and their citizens of their rightful share of representa­tion and political power.

The irony, of course, is that illegal immigrants cannot vote; therefore, they are not the ones who gain from being included in the apportionm­ent base. In states in which a large share of the population cannot vote, those who

vote count more than those who live in states where a larger share of the population is made up of U.S. citizens.

By counting illegal immigrants, power will be appropriat­ed from some Americans and given to others — those who live in states with large illegal immigrant population­s — compromisi­ng the right to equal representa­tion.

Alabama has a constituti­onal entitlemen­t to representa­tion in both the U.S. House and the Electoral College — a right that is integral to the state’s power within the federal system. Alabama also has a sovereign interest in preventing its citizens from being deprived of their 14th Amendment right to equal representa­tion.

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