Posted on Mar 22, 2024
GOP effort to stop illegal immigrants being counted for House districts, Electoral College shot...
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Posted 8 mo ago
Responses: 3
The Senate Republicans need to pursue a Constitutional amendment if they want to do this. Otherwise, anything they pass will be unconstitutional. The Constitution says "persons", not "citizens".
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SPC Jeff Daley, PhD
You're correct - Passing a bill in Congress to exclude non-citizens and unauthorized immigrants from being counted in the census would likely face constitutional challenges. The Constitution mandates a census to determine the "whole number of persons" for apportionment, which has been interpreted to include all individuals regardless of citizenship status. Therefore, excluding specific groups from the census count through legislation might require a constitutional amendment rather than just a bill in Congress.
A monumental task at minimum, enabling this process the road to add to the roles of Congress.
A monumental task at minimum, enabling this process the road to add to the roles of Congress.
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We also have legal non-citizens in U.S. There are permanent residents (green card) and people with visas.
https://www.lexisnexis.com/community/insights/legal/b/thought-leadership/posts/the-three-ways-non-u-s-citizens-can-legally-live-and-work-in-the-united-states
https://www.lexisnexis.com/community/insights/legal/b/thought-leadership/posts/the-three-ways-non-u-s-citizens-can-legally-live-and-work-in-the-united-states
Path to Citizenship | Lexis Legal Advantage
We thought it was worthwhile to break down the three main ways immigrants can legally come to and stay in the United States: citizenship, lawful permanent residency and visas.
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The immigrants can be counted on to support the folks that give them the money and ability to live a lifestyle they could only imagine in their countries of origin.
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