Kansas Attorney General Kris Kobach is taking a stand in a four-state lawsuit aimed at challenging a key federal policy he argues unfairly impacts states like Kansas in the distribution of U.S. House seats. The lawsuit, filed in U.S. District Court in Louisiana, targets the U.S. Census Bureau’s method for counting people in the United States, with particular emphasis on how the inclusion of non-citizens affects the allocation of congressional districts and Electoral College votes.
The Basis for the Lawsuit
Kobach, along with the attorneys general of West Virginia, Ohio, and Louisiana, filed the lawsuit against the outgoing administration of President Joe Biden. At the heart of the suit is the claim that the Census Bureau’s practice of counting individuals residing in the country illegally or with temporary visas unfairly skews the distribution of political power across states. The lawsuit argues that this practice has resulted in states like California, which has a large population of undocumented individuals, receiving a disproportionate number of congressional seats and electoral votes.
Kobach has been outspoken about the issue, stating, “Because the federal government has been counting illegal aliens in the Census, California has many more congressional seats and electoral votes than it should. This lawsuit will restore the Founding Fathers’ original vision of the United States.” The Kansas attorney general maintains that such an approach to counting residents, particularly undocumented individuals, undermines the principles on which the nation was built.
The Potential Consequences for Kansas
The stakes for Kansas are high. Kobach warned that the state could lose a congressional seat and electoral votes in the 2030 Census if the Census Bureau’s current rule remains intact. According to the lawsuit, states like Kansas, which have relatively fewer undocumented residents, are at risk of losing political influence compared to states with larger immigrant populations. The outcome of the lawsuit could be crucial not only for Kansas but also for other states that may be disproportionately affected by the inclusion of non-citizens in the population count.
The 2020 Census already highlighted the impact of this issue, with Ohio and West Virginia losing congressional seats due to population shifts, some of which were attributed to the inclusion of undocumented individuals in the count. If the Census Bureau continues this practice, Kansas, Louisiana, and other states with smaller immigrant populations could find themselves at a disadvantage.
Legal and Constitutional Challenges Ahead
The lawsuit’s success is far from guaranteed. The issue at the heart of the case involves a direct challenge to the authority granted to Congress by the U.S. Constitution over the Census process. Historically, the federal government has conducted a once-a-decade count aimed at documenting the “whole number of persons in each state,” as outlined in the Constitution. Critics of the lawsuit, however, argue that this challenge may face significant legal hurdles, as Congress has the final say on how the Census is conducted.
The 2022 Pew Research estimate that 56% of the nation’s 11.7 million undocumented residents lived in just six states: California, Texas, Florida, New York, New Jersey, and Illinois. This concentration has raised concerns about the fairness of the Census counting method, as it could lead to political power being concentrated in states with higher undocumented populations.
The Fight for Fair Representation
As the 2030 Census approaches, the lawsuit’s outcome will have far-reaching implications for the future of political representation in the United States. If successful, the lawsuit could lead to changes in how the Census counts residents, potentially excluding non-citizens from the population totals used to allocate congressional seats and Electoral College votes. However, opponents of the lawsuit argue that the inclusion of all residents—regardless of their immigration status—is consistent with the U.S. Constitution and ensures fair representation for all individuals living in the country.
The legal battle is likely to intensify as it progresses, with Kobach and the other plaintiffs pushing for a ruling that they believe would better reflect the intentions of the nation’s founders.
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