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Counting Noncitizens In The Census Undermines American Democracy

The Trump administration should take all necessary action to ensure that the next Census is carried out to benefit the American people.

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The Trump administration’s finding that some 250,000 noncitizens reside on the voter rolls of just four states — California, Nevada, New Jersey, and Pennsylvania — represents a clear and present danger to the integrity of our elections. Revelations from Democrat Gov. Mikie Sherrill of a purported Garden State “glitch” accounting for 6,600 noncitizen registered voters, hundreds of whom illegally cast ballots, further confirm the danger and vindicate the administration’s vigorous effort to obtain and review every state’s voter records to identify ineligible voters and compel states to remove them.

But the revelations also ought to turn America’s attention to a related threat:  the counting of noncitizens in the Census, which distorts congressional apportionment and the allocation of Electoral College votes for presidential elections. The threat is one the administration may be preparing to confront head-on.

At the end of June, the Census Bureau proposed a rule for addressing this threat. The Office of Management and Budget Review rule titled “Decennial Census of the Population of Americans; Proposed Residence Criteria and Proposed Regulations for Demographic Questions” has neither been published nor finalized. But we got a hint as to what it might entail based on the administration’s correspondence with the plaintiffs in a case brought by the state of Missouri. The Show Me State, like the states of Louisiana, Kansas, Ohio, and West Virginia in separate litigation, has challenged the Census Bureau’s Residence Criteria rule. The rule governed the 2020 Census, codifying the counting of all people where they usually reside — including illegal aliens and temporary visa holders.

Among other things, the plaintiffs have called on the courts to hold unlawful and set aside that Residence Criteria rule. In response, the Trump administration, in calling for a stay of Missouri’s case, asserted that the new proposed rule “encompasses various policy positions for the 2030 Census” and “is expected to bear directly on the issues presented in this case” — alluding to the issue of illegal aliens’ inclusion in the Census.

Continued inclusion of noncitizens in the Census would mean that millions of illegal aliens and temporary visa holders would continue to distort Americans’ political representation by skewing the allocation of........

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