Louisiana Census Noncitizen Inclusion Challenge

Lawsuit filed by the states of Louisiana, Kansas, Ohio and West Virginia against the U.S. Department of Commerce, Secretary of Commerce Gina Raimondo (D), the U.S. Census Bureau and its director, Robert Santos, challenging the inclusion of noncitizens in the 2020 census. Under the residence criteria (Residence Rule), foreign citizens living in the United States were counted in the 2020 census, which is used for determining the number of seats in the U.S. House of Representatives and the Electoral College. The states assert this inclusion resulted in states with higher noncitizen populations receiving more House seats and electoral votes. They contend that only U.S. citizens and lawful permanent residents should be counted in the census. They also argue this reapportionment deprived states with lower noncitizen populations “their rightful share of representation and political power” in violation of the 14th Amendment, the Census Clause of Article I and the Electoral Apportionment Clause of Article II of the U.S. Constitution. The states ask the court to repeal the Residence Rule’s inclusion of “illegal aliens” in the census. They also request that the court require the Department of Commerce and the Census Bureau to include citizenship status questions in the 2030 and subsequent censuses.

STATUS: The states filed their complaint on Jan. 17, 2025.

Last updated: January 21, 2025 10:17 am EST