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Republican lawmakers are championing legislation to ensure that migrants aren’t counted in the Census — over concerns it could skew congressional and presidential races.

The Census, which calculates the US population, is used to apportion congressional seats as well as determine the distribution of votes in the Electoral College.

Therefore, despite illegal immigrants and noncitizens being prohibited from casting votes in federal elections, they could still impact a state’s representation in the House of Representatives and Electoral College.

In 2021, President Biden issued an executive order mandating the Census to count all residents regardless of citizenship status.

However, a new bill unveiled last month — called the Equal Representation Act — aims to ensure that illegal immigrants won’t be included.


  Rep. Chuck Edwards mounted a successful primary challenge against Madison Cawthorne in 2022. AP Rep. Chuck Edwards mounted a successful primary challenge against Madison Cawthorne in 2022. AP

“Since I’ve introduced the Equal Representation Act, the alarm has been sounded,” Rep. Chuck Edwards (R-NC), who introduced the bill with Rep. Warren Davidson (R-Ohio), told The Post Thursday.

“Awareness and momentum to address the short- and long-term consequences of illegal immigrants influencing American citizens’ representation have continued to rise.”

So far, over 70 members of the lower chamber co-sponsored the measure and Edwards voiced confidence “that number will only grow” — especially as the crisis at the US-Mexico border continues to spiral.

In fiscal year 2023, 2.4 million migrants were encountered at the southern border, according to statistics from the US Customs and Border Patrol.

Between 16.8 million and 29 million illegal immigrants currently reside in the US, according to estimates from the conservative Federation for American Immigration Reform (FAIR) and Yale University.

That means that illegal immigrants account for at least 22 seats in the House, according to a Fox News estimate — based on every seat in the House representing 761,168 residents on average.

Edwards’ and Davidson’s bill complements similar legislation with the same name that Sens. Bill Cassidy (R-La.) and Bill Hagerty (R-Tenn.) rolled out last month as well.

Over twenty other Republican senators are backing the bill.

“It is unconscionable that illegal immigrants and non-citizens are counted toward Congressional district apportionment and our electoral map,” Hagerty argued at the time.

“While people continue to flee Democrat-run cities, desperate Democrats are back-filling the mass exodus with illegal immigrants so that they do not lose their seats in Congress and maintain electoral votes for the Presidency and hence artificially boost their political power.”

Thus far that bill has made little advancement in the upper chamber and is likely to face steep hurdles given the Democratic control of the Senate and the filibuster.

Ahead of the most recent census, former President Donald Trump unsuccessfully attempted to tack on a question about citizenship status while he was still in office.


  Bill Hagerty argued that the counting of illegal immigrants in the census could distort political power. AP Bill Hagerty argued that the counting of illegal immigrants in the census could distort political power. AP

  Bill Cassidy helped lead the effort to introduce the bill in the Senate. Michael Brochstein/ZUMA Press Wire / SplashNews.com Bill Cassidy helped lead the effort to introduce the bill in the Senate. Michael Brochstein/ZUMA Press Wire / SplashNews.com

  Rep. Warren Davidson argued that the legislation would ensure fairness for voters. Getty Images Rep. Warren Davidson argued that the legislation would ensure fairness for voters. Getty Images

That gambit drew fierce backlash from Democrats and was ultimately blocked by the Supreme Court in 2019.

Instead, the Trump administration requested government agencies to come up with workarounds to survey the population of citizens.

The Equal Representation Act would also require the US Census Bureau to include a question about citizenship status.

The next decennial census is slated to take place in 2030.


  The US has seen a wave of migrants pour in, often claiming asylum. Gregory P. Mango The US has seen a wave of migrants pour in, often claiming asylum. Gregory P. Mango

Once the next census drops, that data will be used to determine how many congressional seats and electoral votes a given state will earn.

Then states will consider whether to redraw their congressional lines and parties will seek to use that process to eke out any advantage over the other side that they can get.

At the moment, multiple states are still mired in skirmishes to redraw their districts including New York, despite the redistricting process concluding for most before the 2022 midterm elections.

Other states such as Wisconsin and Michigan also have ongoing battles over the state legislative lines.

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