Rep. Mo Brooks (R-Ala.) said in a radio interview that counting of illegal aliens when establishing congressional seats and electoral college votes violates the 14th Amendment to the United States Constitution. The state of Alabama has joined with Brooks to sue the federal government for its counting of illegal aliens, rather than only American citizens, in congressional district apportionment and votes for the Electoral College.
Speaking to SiriusXM Patriot Channel’s Breitbart News on Saturday, Brooks said that if Congress should continue dividing up congressional seats and electoral college votes on the basis of counting all persons in each district—including illegal aliens—rather than only the number of American citizens, that Alabama could lose a congressional seat.
Brooks said on the show, “We’re probably in the neighborhood of about 15 million illegal aliens in America now. 15 million comes out to roughly 20 congressional seats and 20 electoral college votes. Each congressional seat has roughly 700,000 to 800,000 people in it.” He went on to say that therefore ”20 electoral college votes and congressmen...are taken from states that follow” immigration laws, thereby “shifting those 20 congressional seats and 20 electoral college seats to states like California that have large numbers of illegal aliens in them.”
Brooks said that the practice, in his opinion, “violates the Equal Protection clause of the 14th Amendment to the United States Constitution because it dilutes the voting power of citizens who live in states that don’t harbor an enormous number of illegal aliens.”
Counting only American citizens in establishing congressional districts and electoral college votes, by some estimates, would shift the balance of political power away from the metropolitan coastal cities of the U.S. and towards the center of the country. The Trump administration has announced that will ask respondents to the 2020 Census to answer a citizenship question and thus shift power away from states such as California and New York.
California could be hit hard. With its approximately 5.3 million noncitizens among its total population of about 39.5 million residents, California’s current congressional delegation of 53 seats could be endangered. Potentially, California could lose three to five congressional seats, if only American citizens are counted.