The Case for Amending the Constitution to Exclude Non-Citizens from Census Population Counts

The Case for Amending the Constitution to Exclude Non-Citizens from Census Population Counts

The United States Constitution mandates a decennial census to count the population for apportioning congressional representation and electoral votes among the states.

However, the current practice of including all persons—citizens, legal residents, and non-citizens, including illegal immigrants—in the population count has sparked debate. As the nation grapples with unprecedented levels of illegal immigration and strained government resources, amending the Constitution to exclude non-citizens, particularly illegal immigrants, from the census count is a critical step to protect fair representation for responsible citizens who participate in the democratic process.

The census, as outlined in Article I, Section 2 of the Constitution, determines the allocation of seats in the House of Representatives and, by extension, the Electoral College.

Representation is fundamentally tied to the democratic principle that elected officials serve the citizens who vote for them. Citizens, through their votes, hold the government accountable and shape its policies. Including non-citizens, especially those who entered the country illegally, in the census count distorts this principle by inflating the political influence of areas with large non-citizen populations, thereby diluting the voice of citizens.

Responsible citizens—those who abide by the nation’s laws, pay taxes, and participate in civic duties—expect their government to prioritize their interests.

When non-citizens are counted for apportionment, states with significant illegal immigrant populations gain disproportionate representation in Congress and the Electoral College. This undermines the democratic compact, as it grants political power to regions based on individuals who cannot and should not legally vote and, in the case of illegal immigrants, have violated the nation’s laws.

The United States is facing a crisis of illegal immigration, with millions entering the country unlawfully in recent years. This influx has overwhelmed government resources, from border enforcement to public services like healthcare, education, and welfare.

States and localities bear the brunt of these costs, often without adequate federal support. Including illegal immigrants in the census count exacerbates this issue by artificially inflating the population of high-immigration areas, leading to increased federal funding and political representation that may not align with the needs of citizens.

For example, states like California, Texas, and New York, which have large non-citizen populations, gain additional congressional seats and electoral votes due to their total population, including illegal immigrants.

This shifts political power away from states with fewer non-citizens, effectively penalizing areas with lower immigration rates. The result is a misalignment of resources and representation, where citizens in less-affected states lose influence while the government struggles to manage the costs of illegal immigration.

Excluding non-citizens from the census count would ensure that representation reflects the will of the electorate. Citizens, as the stakeholders in the democratic process, deserve to have their voices accurately represented in Congress. When illegal immigrants are included in the count, it distorts the one-person, one-vote principle by amplifying the influence of areas that harbor large numbers of non-voting individuals. This creates an inequity where citizens in some states have less proportional representation than others.

Moreover, illegal immigrants, by definition, have circumvented the legal pathways to residency and citizenship. Rewarding their presence with political representation undermines the rule of law and disincentivizes legal immigration. A constitutional amendment to count only citizens for apportionment would reinforce the value of citizenship and encourage respect for the nation’s immigration laws.

The Census Bureau already collects data on citizenship status, as seen in the American Community Survey and past efforts like the 2020 census citizenship question debate. A targeted amendment could clarify that only citizens are counted for apportionment purposes, while still allowing the collection of comprehensive demographic data for other uses, such as federal funding allocation.

Additionally, opponents may claim that excluding non-citizens undermines the principle of counting all “persons” as stated in the Constitution. Yet, the original intent of the census was to ensure fair representation for those participating in the democratic process. Non-citizens, particularly those here illegally, do not have the same stake in governance as citizens. Amending the Constitution to reflect this reality would align the census with its core purpose: to serve the democratic will of the American people.

Amending the Constitution is a significant undertaking, requiring a two-thirds majority in Congress and ratification by three-fourths of the states. However, the growing strain of illegal immigration and the erosion of citizen representation demand bold action. Public support for such a measure is likely to grow as citizens recognize the impact of current policies on their communities and political influence.

To protect the integrity of democratic representation, Congress should propose an amendment to Article I, Section 2, specifying that only U.S. citizens be counted for apportioning congressional seats and electoral votes. This change would reaffirm the principle that government exists to serve its citizens, ensuring that representation reflects the will of those who elect it.