Anyone under US jurisdiction is counted.
They should not be counted.
What Does the Constitution Say on the Issue?
Three essential questions are involved in this situation. First, does the U.S. Constitution require that illegal immigrants be counted for purposes of apportioning House seats and electoral votes? Second, if the Constitution is ambiguous, can the Department of Commerce decide whether to include illegal immigrants? Third, do Supreme Court precedents on one-person-one-vote require that illegal residents be
excluded from the apportionment count because their inclusion dilute the votes of citizens and legal residents?
The answer to the first question depends on a proper interpretation of the Constitution. The Enumeration Clause, as modified by the 14th Amendment, says representatives are apportioned among the states “according to their respective numbers,” as determined by “counting the whole number of persons in each State, excluding Indians not taxed.” The clause goes on to require a decennial enumeration—we know this as the census.
So, as a matter of constitutional interpretation, does the phrase “whole number of persons in each State” include illegal immigrants? Without getting too into the weeds, the best conclusion is that it does not. In 1789 and 1868, the nation’s borders were open, and citizenship easily obtained, so the category “illegal alien” did not exist.
The drafters clearly wanted to extend the count beyond citizens but had no need to distinguish further. No matter your method of constitutional interpretation, however, it is hard to argue that the Constitution requires counting illegal immigrants. Instead of being added to the census, they should be subject to immediate deportation.
No, Illegal Immigrants Should Not Be Included In The Census
Right. Americans have used the term gay for more than 40 years and Desantis wants to punish everyone who uses the word.
