- The second question concerns the power of the secretary of commerce, to whom Congress has given responsibility to conduct the census “in such form and content as he may determine.” If the Constitution is indeterminate on the question of including or excluding illegal immigrants from the apportionment count, and Congress has been mute, then that seems to leave it up to the secretary.
- When they wanted to limit some right to “citizens,” they knew the word, and in the apportionment clause they said “persons.” A census question inquiring about citizenship would not produce information on legal versus illegal residents.
- Their case is that allowing illegal immigrants to count in the census dilutes the votes of citizens and the representation of citizens and legal residents alike.
https://thefederalist.com/2019/07/12/no-illegal-immigrants-not-included-census/
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