{
  "id": "R41048",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "R41048",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 406435,
      "date": "2012-04-13",
      "retrieved": "2016-04-07T00:08:38.413445",
      "title": "Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes",
      "summary": "In the 2010 decennial census, the Census Bureau counted the total population of the United States. This included, as in previous censuses, all U.S. citizens, lawfully present aliens, and unauthorized aliens. Some have suggested excluding aliens, particularly those who are in the country unlawfully, from the census count, in part so that they would not be included in the data used to apportion House seats among the states and determine voting districts within them.\nOne question raised by this idea is whether the exclusion of aliens could be done by amending the federal census statutes, or whether such action would require an amendment to the Constitution. The Constitution requires a decennial census to determine the \u201cactual enumeration\u201d of the \u201cwhole number of persons\u201d in the United States. The data must be used to apportion the House seats among the states, although there is no constitutional requirement it be used to determine intrastate districts. It appears the term \u201cwhole number of persons\u201d is broad enough to include all individuals, regardless of citizenship status, and thus would appear to require the entire population be included in the apportionment calculation. As such, it appears a constitutional amendment would be necessary to exclude any individuals from the census count for the purpose of apportioning House seats.\nFrom time to time, Congress has considered legislation that would exclude all aliens or prevent only unauthorized aliens from being included in the census for purposes of apportioning House seats among the states. Such legislation would have either amended the Census Clause of the Constitution or enacted or amended federal census statutes. Although such legislation has yet to be introduced in the 112th Congress, in the 111th Congress, legislation was introduced that used both approaches. The Fairness in Representation Act would have statutorily excluded aliens from the population count for apportionment purposes (H.R. 3797 and S. 1688). Under the above analysis, it would not appear to be constitutionally sufficient for Congress to amend the federal census statutes in such manner. Meanwhile, H.J.Res. 11 would take the other approach and amend the Constitution so that only U.S. citizens would be counted in the apportionment calculation. \nOther legislation in the 111th Congress would not have raised the same constitutional issues since it would not appear to require the exclusion of any individuals for apportionment purposes. An amendment introduced by Senator Vitter to the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2010 (S.Amdt. 2644 to H.R. 2847), would have cut off funding for the census unless the census form included questions regarding citizenship and immigration status. The amendment was subsequently ruled to be non-germane. On the other side of the issue, the Every Person Counts Act (H.R. 3855) would have prohibited the Census Bureau from asking about U.S. citizenship or immigration status.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
      "formats": [
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          "encoding": "utf-8",
          "url": "http://www.crs.gov/Reports/R41048",
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          "filename": "files/20120413_R41048_827f8eaf4c3b8b215bf77c25f31bbe75c59f066a.html",
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          "url": "http://www.crs.gov/Reports/pdf/R41048",
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          "filename": "files/20120413_R41048_e4eb1c369b633cea52b254c5a305e6111eb5d795.pdf",
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        }
      ],
      "topics": []
    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc627196/",
      "id": "R41048_2010Jan20",
      "date": "2010-01-20",
      "retrieved": "2015-06-15T14:46:40",
      "title": "Constitutionality of Excluding Aliens from the Census for Apportionment and Redistricting Purposes",
      "summary": "This report provides an overview of the 2010 decennial census, and the Census Bureau that will attempt to count the total population of the United States. It discusses the possibility by some that have suggested excluding aliens, particularly those who are in the country unlawfully, from the census count, in part so that they would not be included in the data used to apportion House seats among the states and determine voting districts within them.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
      "formats": [
        {
          "format": "PDF",
          "filename": "files/20100120_R41048_7798dfa5fc6ef099d9d6c28ecce32183f5033463.pdf"
        },
        {
          "format": "HTML",
          "filename": "files/20100120_R41048_7798dfa5fc6ef099d9d6c28ecce32183f5033463.html"
        }
      ],
      "topics": [
        {
          "source": "LIV",
          "id": "Census",
          "name": "Census"
        },
        {
          "source": "LIV",
          "id": "Immigration",
          "name": "Immigration"
        },
        {
          "source": "LIV",
          "id": "Illegal aliens",
          "name": "Illegal aliens"
        }
      ]
    }
  ],
  "topics": [
    "Appropriations",
    "Constitutional Questions"
  ]
}