Ohio AG Joins Multi-State Lawsuit to Exclude Certain Immigrants from Census Counts

Ohio Joins Other States in Lawsuit to Exclude Certain Immigrants from Census Counts

Ohio Attorney General Dave Yost has joined a federal lawsuit along with attorneys general from Louisiana, West Virginia, and Kansas, aiming to prevent certain immigrants from being counted in the U.S. Census. The lawsuit challenges the current “residence rule” upheld by the U.S. Census Bureau and the Department of Commerce. Filed on January 17 in the U.S. District Court, this case seeks to exclude immigrants living in the country illegally and those on temporary visas from the census count, which is critical for determining congressional representation and federal funding allocation.

Background of the Issue

Since the first U.S. Census in 1790, both citizens and non-citizens, regardless of their immigration status, have been included in the population count. This principle has guided the process for centuries, as the census aims to count all residents in each state based on where they live and sleep most of the time. However, the recent lawsuit contends that including unauthorized immigrants and temporary visa holders violates the 14th Amendment of the Constitution.

According to the lawsuit, the inclusion of such individuals led to significant shifts in congressional representation and Electoral College votes following the 2020 Census. The plaintiffs argue that this practice has disadvantaged states like Ohio by reallocating political power and federal resources to states with larger populations of unauthorized and temporary immigrants.

Key Points of the Lawsuit

1. Impact on Ohio’s Representation:
   The lawsuit claims that Ohio lost one congressional seat and one Electoral College vote due to the 2020 Census count, which included individuals not lawfully residing in the country.“Due to this unlawful decision, Ohio’s representation was unfairly redistributed to states with higher populations of illegal and nonimmigrant aliens,” the lawsuit states.
2. Alleged Violation of the 14th Amendment:
   The plaintiffs argue that including unauthorized and temporary immigrants contradicts the text of the 14th Amendment. They contend that political representation and apportionment should only account for U.S. citizens and lawful permanent residents.The lawsuit states, “Including illegal aliens in the apportionment base is inconsistent with the text of the Fourteenth Amendment because illegal aliens and nonimmigrant aliens are not inhabitants of the states.”
3. Federal Funding Concerns:
   The lawsuit highlights concerns over federal funding allocation, which is partially determined by census data. The attorneys general argue that states like Ohio are deprived of their rightful share of federal funds because the population count includes individuals without lawful status.
4. Historical Interpretation:
   The attorneys general base their argument on the intent of the Founding Fathers and the Reconstruction Era, asserting that the phrase “persons in each State” was originally meant to refer only to U.S. citizens and lawful permanent residents.

Broader Implications

The lawsuit also warns that if the residence rule remains unchanged, states like Ohio, Louisiana, West Virginia, and Kansas may lose additional congressional seats and Electoral College votes during the 2030 Census reapportionment.

States such as California, Illinois, Michigan, Pennsylvania, and New York have already lost representation following the 2020 Census. Meanwhile, states like Colorado, Florida, North Carolina, Montana, and Oregon gained seats, with Texas gaining two.

The lawsuit further suggests that including unauthorized immigrants in the census unfairly shifts political power to states with sanctuary policies, which attract larger populations of such individuals.

Ohio’s Redistricting Challenges

Ohio’s loss of a congressional seat adds another layer to the state’s ongoing redistricting struggles. Following the 2020 Census, the Ohio Redistricting Commission created two congressional maps, both of which were ruled unconstitutionally partisan by the state’s Supreme Court.

While the most recent map remained in effect for the last two election cycles, it will need to be redrawn this year due to a lack of bipartisan support during its passage. Ohio law requires maps without bipartisan agreement to expire after four years, whereas bipartisan-supported maps can last for a decade.

Legislators have until September to agree on a new map. If they fail to reach a consensus, the Ohio Redistricting Commission will once again take on the task. An attempt to transfer this responsibility to a citizen-led process failed in the November 2024 general election.

Statements from Ohio AG Dave Yost

Attorney General Yost emphasized the broader implications of the border crisis on Ohio’s representation in a statement to the Capital Journal.

“After failing to secure the border, the federal government reallocated Ohioans’ democratic representation to sanctuary states like California with a larger illegal alien and nonimmigrant alien population,” Yost said. “I am fighting for Ohioans’ voices and the rule of law.”

Yost and the other attorneys general are also advocating for the inclusion of a citizenship question in the 2030 Census, a move that would provide a clearer distinction between lawful residents and those without legal status.

Looking Ahead

As this legal battle unfolds, it raises questions about how the U.S. Census should approach counting residents in the future. Proponents of the lawsuit believe that excluding unauthorized immigrants and temporary visa holders will restore fairness in representation and funding allocation. Critics, however, argue that such measures could lead to underrepresentation of communities with significant immigrant populations, potentially skewing public policy and resource distribution.

The outcome of this lawsuit could have far-reaching implications not only for the 2030 Census but also for how the nation approaches immigration and representation issues moving forward.

Disclaimer – Our editorial team has thoroughly fact-checked this article to ensure its accuracy and eliminate any potential misinformation. We are dedicated to upholding the highest standards of integrity in our content.

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