Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census
This afternoon, President Trump issued a Memorandum titled “Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census” (“Memorandum”).[i] This Memorandum orders the exclusion of aliens who are not in a lawful immigration status from the reapportionment of Representatives in Congress.[ii]
According to the Memorandum, “[i]ncreasing congressional representation based on the presence of aliens who are not in a lawful immigration status would … create perverse incentives encouraging violations of Federal law.”[iii]
The Memorandum goes on to state:
States adopting policies that encourage illegal aliens to enter this country and that hobble Federal efforts to enforce the immigration laws passed by the Congress should not be rewarded with greater representation in the House of Representatives.[iv]
In support of this exclusion, the Memorandum provides estimates on the current number of illegal aliens in “one State”:
Current estimates suggest that one State is home to more than 2.2 million illegal aliens, constituting more than 6 percent of the State’s entire population. Including these illegal aliens in the population of the State for the purpose of apportionment could result in the allocation of two or three more congressional seats than would otherwise be allocated.[v]
Based on the above, President Trump ordered the exclusion of illegal aliens from the apportionment base, to the extent feasible, and to the maximum extent of his discretion under the law.[vi]
To learn more about the Presidential Memorandum titled “Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census,” contact Lally Immigration Services, LLC at (617) 870-1000 or by email to [email protected].
[i] See: https://www.whitehouse.gov/presidential-actions/memorandum-excluding-illegal-aliens-apportionment-base-following-2020-census/
[ii] Id.
[iii] Id.
[iv] Id.
[v] Id.
[vi] Id.
