Posted on 01/30/2026 10:36:27 AM PST by deks
Missouri filed a sweeping federal lawsuit on Friday arguing the Census Bureau’s practice of counting illegal immigrants and visa holders is unconstitutional because it dilutes U.S. citizens’ votes and bolsters blue states' representation in Congress.
The lawsuit, led by Missouri Attorney General Catherine Hanaway, alleges that Missouri was robbed of one congressional seat after the 2020 census because the apportionment process, conducted every ten years, involves counting certain foreigners living in the United States.
Missouri lawyers made an ambitious demand that the Census Bureau redo its population count from 2020 and exclude illegal immigrants and visa holders, and then recalculate how many seats each state should have in the House.
The policy "steals federal representation from Missourians, and transfers it to States who artificially inflate their population by harboring illegal aliens," Missouri lawyers wrote in the complaint, filed in federal court.
Including all people living in a state in the apportionment process, which determines how many seats a state gets to have in the House, is a centuries-old practice that has seen various court challenges in recent decades. Those challenges have been unsuccessful, though the Supreme Court has declined to weigh in on the matter directly.
The Constitution says states' representation in Congress should be based on the "whole number of persons in each State," which Missouri lawyers said in their lawsuit makes for a "tainted apportionment base."
President Donald Trump in 2020 issued a presidential memorandum that directed the Commerce Department to exclude "illegal aliens from the apportionment base." The memo was immediately met with lawsuits and blocked by a three-judge panel. The Supreme Court did not rule on the matter before President Joe Biden took office, and Biden revoked Trump’s memo.
(Excerpt) Read more at foxnews.com ...
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Press release from AG Catherine Hanaway’s office
I wish we had some Republicans to see things this way. Shickenchits.
The Attorney General’s complaint filed on January 30, 2026, requests that the United States District Court for the Eastern District of Missouri:
<> Declare that including illegal aliens and temporary visa holders in the 2020 Census and the 2021 Apportionment base violated Section 2 of the Fourteenth Amendment and the Administrative Procedure Act;
<> Require the Census Bureau to redo the 2020 Census and 2021 Apportionment, removing from the apportionment base all illegal aliens and temporary visa holders through the best available methods, including by re-conducting the 2020 Census enumeration if necessary;
<> Declare that including illegal aliens and temporary visa holders in the 2030 Census, and the 2031 Apportionment base would violate Section 2 of the Fourteenth Amendment and the Administrative Procedure Act; and
<> Prohibit the Census Bureau from including illegal aliens and temporary visa holders in the 2030 Census tabulation.
Just do it. Announce it after it’s done.
I’ll take “Stuff that should have been done decades ago” for $500, Alex.
Why aren’t ten or fifteen other states joining in this lawsuit?
That is disappointing.
AG Hanaway is a Republican.
DC should be leading the charge
Go Missouri! While you’re not counting them, DEPORT them!
Well said!
re: Why aren’t ten or fifteen other states joining in this lawsuit?
~~~~~~~~~~~~~
I don’t know how that would work. It’s said to be a “first-in-the-nation suit” and was filed in a District Court in Missouri.
Maybe if it later goes to the Supreme Court other states could join in the suit?
This would have to apply to all states. Otherwise, red states would reduce census counts and blue states would remain inflated.
The news is the lawsuit has been filed and is underway.
What kind of magical thing are you demanding?
“filed in a District Court in Missouri.”
I was looking for where the suit was filed and did not see it. I went to the original Fox article and did not see it there.
“AG Hanaway: “It is time to take our country back. United States citizens have a right to representation, NOT illegal aliens. United States citizens should decide electoral votes and congressional seats, NOT illegal aliens. Foreign trespassers should not control the direction of this nation.”’
____________________________________________________________
The Constitution clearly states that the census is to count “all persons,” not “all citizens.”
Census Bureau’s practice of counting illegal immigrants.
You can find a better judicial system in a Hell’s Angels club house.
Counting noncitizens violates the Equal Protection Clause.
It’s in the press release linked at Reply #2, near the bottom of the document, and there is a link on the last line there to the lawsuit.
https://ago.mo.gov/wp-content/uploads/Missouri-v.-DOC-Complaint-1-30-2026-final.pdf
“The Attorney General’s complaint filed on January 30, 2026, requests that the United States District Court for the Eastern District of Missouri:”
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