The Constitution doesn't distinguish, so yes.
"Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed."
What do Census Bureaucracy rules say?
You’re off. When writing, enacting, applying a body of law, the original context carries forward to all subsequent sections.
Section 1 of the 14th Amendment lays out the context for the entire amendment. The context stays the same throughout.
counting the whole number of persons in each State, excluding Indians not taxed.”
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Illegals aren’t taxed, either.
“excluding Indians not taxed”
Inasmuch as illegal immigrants from Latin America are mostly of Indian genetic inheritance and mostly net tax-consumers rather than taxpayers I think a case can be made for excluding them in determining House apportionment.
Mexicans are predominantly of native american extract of an aztec strain. Since they are illegally here, they are not taxed. Constitution intent: don't count non-citizens that aren't part of mainstream American society.
“Excluding Indians not taxed” could be used to make a good case for including the question. Indians not taxed were excluded as they were not citizens - that is, they were beholden to another government, not the US government first. That was one of the reasons the question was included until the Democrats started to complain that it was hindering their take over plans.
All the illegals need to submit to a DNA test if they want to be counted.
Also, for the purpose of state legislatures, it is a constitutional requirement (equal protection of the laws).
It would be prohibitively expensive for each state to conduct its own census.
The court did rule on that but the fact that illegals are present in the census is conveniently ignored.
I would argue that by virtue of the fact that these people are here illegally, they shouldn’t be counted. The Constitution wouldn’t distinguish them because our founders were textualists.....the law is what the law says, not one someone feels or what they believe the intent was of those who crafted the law. IOW, you can’t count what’s not here and according to the law, they would have been deported.