Skip to comments.President Donald J. Trump Is Taking Action to Ensure American Citizens Receive Proper Representation in Congress
Posted on 07/21/2020 11:35:02 AM PDT by little jeremiah
We will collect all of the information we need to conduct an accurate census and to make responsible decisions about public policy, voting rights, and representation in Congress.
President Donald J. Trump
PROTECTING AMERICAN DEMOCRACY: President Donald J. Trump is taking action to prevent illegal aliens from being counted in the 2020 census for the purpose of apportionment.
President Trump is issuing a memorandum clarifying that illegal aliens are not to be included for the purpose of apportionment of Representatives following the 2020 census.
This follows the Presidents order directing the Federal government to collect the information needed to ensure that accurate citizenship data is compiled in connection with the census.
Giving congressional representation and political influence to illegal aliens people who have blatantly disregarded our laws would be a perversion of our democratic principles.
Allowing illegal aliens to be counted for the purpose of apportionment could also create perverse incentives such as potentially rewarding states that encourage violations of Federal immigration law that would undermine our system of government.
President Trump will never allow our democracy to be eroded by giving congressional representation to illegal aliens when the Constitution does not require it. UPHOLDING CONSTITUTIONAL PRINCIPLES: Excluding illegal aliens for the purpose of apportionment reflects a better understanding of our Constitution and democratic principles.
The Constitution does not specifically define which persons must be included for the purposes of apportionment and requires only that Representatives be apportioned according to what has long been understood to mean the inhabitants of each State.
Under the law, Congress and the President are required to make judgments concerning which persons should be considered inhabitants of a State for the purpose of apportionment.
For example, people only temporarily in the United States, such as those only in the country for business or tourism, have long been excluded from this count.
Likewise, overseas military and other Federal personnel have at times been included in and excluded from the populations of states where they maintain homes of record.
As the Supreme Court recognized in Franklin v. Massachusetts, inclusion in the apportionment base may require more than mere physical presence, including some element of allegiance or enduring tie to a place.
Failure to exclude illegal immigrants for the purposes of apportionment would have major ramifications and could cause some American citizens to be proportionally underrepresented.
Estimates suggest that one State home to more than 2.2 million illegal aliens could receive two or three more congressional seats than would otherwise be allocated.
PRIORITIZING AMERICANS: President Trump is always working to put American citizens first.
After years of neglect, President Trump is restoring the rule of law, securing our border, and protecting our Nations communities.
The President is reversing disastrous trade deals that shipped our jobs overseas and is replacing them with better deals, like the United States-Mexico-Canada Agreement.
To give American workers first priority in our coronavirus recovery, the President has extended and expanded the suspension of certain visas through the end of the year.
The President is also ensuring that immigrants to our country are self-sufficient and do not strain Americans public welfare or healthcare systems.
Statement from the President Regarding Apportionment
Issued on: July 21, 2020
Last summer in the Rose Garden, I told the American people that I would not back down in my effort to determine the citizenship status of the United States population. Today, I am following through on that commitment by directing the Secretary of Commerce to exclude illegal aliens from the apportionment base following the 2020 census.
There used to be a time when you could proudly declare, I am a citizen of the United States. But now, the radical left is trying to erase the existence of this concept and conceal the number of illegal aliens in our country. This is all part of a broader left-wing effort to erode the rights of Americans citizens, and I will not stand for it.
Todays action to exclude illegal aliens from the apportionment base reflects a better understanding of the Constitution and is consistent with the principles of our representative democracy. My Administration will not support giving congressional representation to aliens who enter or remain in the country unlawfully, because doing so would create perverse incentives and undermine our system of government. Just as we do not give political power to people who are here temporarily, we should not give political power to people who should not be here at all.
Under an Executive Order I signed last year, Federal departments and agencies have been collecting the information needed to conduct an accurate census and inform responsible decisions about public policy, voting rights, and representation in Congress. Todays action further advances this effort and is another example of my Administrations commitment to faithfully representing the citizens of the United States and putting their interests first.
The courts will slap this down.
Which will open up another issue for him, you need to re-elect me to finish the mission of re-shaping the Federal Courts.
And here’s the Memorandum, I did break up some paragraphs to make legalese easier to read.
Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census
Issued on: July 21, 2020
MEMORANDUM FOR THE SECRETARY OF COMMERCE
SUBJECT: Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Background. In order to apportion Representatives among the States, the Constitution requires the enumeration of the population of the United States every 10 years and grants the Congress the power and discretion to direct the manner in which this decennial census is conducted (U.S. Const. art. I, sec. 2, cl. 3).
The Congress has charged the Secretary of Commerce (the Secretary) with directing the conduct of the decennial census in such form and content as the Secretary may determine (13 U.S.C. 141(a)).
By the direction of the Congress, the Secretary then transmits to the President the report of his tabulation of total population for the apportionment of Representatives in the Congress (13 U.S.C. 141(b)).
The President, by law, makes the final determination regarding the whole number of persons in each State, which determines the number of Representatives to be apportioned to each State, and transmits these determinations and accompanying census data to the Congress (2 U.S.C. 2a(a)). The Congress has provided that it is the Presidents personal transmittal of the report to Congress that settles the apportionment of Representatives among the States, and the Presidents discretion to settle the apportionment is more than ceremonial or ministerial and is essential to the integrity of the process (Franklin v. Massachusetts, 505 U.S. 788, 799, and 800 (1992)).
The Constitution does not specifically define which persons must be included in the apportionment base. Although the Constitution requires the persons in each State, excluding Indians not taxed, to be enumerated in the census, that requirement has never been understood to include in the apportionment base every individual physically present within a States boundaries at the time of the census. Instead, the term persons in each State has been interpreted to mean that only the inhabitants of each State should be included.
Determining which persons should be considered inhabitants for the purpose of apportionment requires the exercise of judgment. For example, aliens who are only temporarily in the United States, such as for business or tourism, and certain foreign diplomatic personnel are persons who have been excluded from the apportionment base in past censuses.
Conversely, the Constitution also has never been understood to exclude every person who is not physically in a State at the time of the census. For example, overseas Federal personnel have, at various times, been included in and excluded from the populations of the States in which they maintained their homes of record.
The discretion delegated to the executive branch to determine who qualifies as an inhabitant includes authority to exclude from the apportionment base aliens who are not in a lawful immigration status.
In Executive Order 13880 of July 11, 2019 (Collecting Information About Citizenship Status in Connection With the Decennial Census), I instructed executive departments and agencies to share information with the Department of Commerce, to the extent permissible and consistent with law, to allow the Secretary to obtain accurate data on the number of citizens, non-citizens, and illegal aliens in the country.
As the Attorney General and I explained at the time that order was signed, data on illegal aliens could be relevant for the purpose of conducting the apportionment, and we intended to examine that issue.
Sec. 2. Policy. For the purpose of the reapportionment of Representatives following the 2020 census, it is the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status under the Immigration and Nationality Act, as amended (8 U.S.C. 1101 et seq.), to the maximum extent feasible and consistent with the discretion delegated to the executive branch.
Excluding these illegal aliens from the apportionment base is more consonant with the principles of representative democracy underpinning our system of Government. Affording congressional representation, and therefore formal political influence, to States on account of the presence within their borders of aliens who have not followed the steps to secure a lawful immigration status under our laws undermines those principles. Many of these aliens entered the country illegally in the first place.
Increasing congressional representation based on the presence of aliens who are not in a lawful immigration status would also create perverse incentives encouraging violations of Federal law. 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.
Current estimates suggest that one State is home to more than 2.2 million illegal aliens, constituting more than 6 percent of the States 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.
I have accordingly determined that respect for the law and protection of the integrity of the democratic process warrant the exclusion of illegal aliens from the apportionment base, to the extent feasible and to the maximum extent of the Presidents discretion under the law.
Sec. 3. Excluding Illegal Aliens from the Apportionment Base. In preparing his report to the President under section 141(b) of title 13, United States Code, the Secretary shall take all appropriate action, consistent with the Constitution and other applicable law, to provide information permitting the President, to the extent practicable, to exercise the Presidents discretion to carry out the policy set forth in section 2 of this memorandum. The Secretary shall also include in that report information tabulated according to the methodology set forth in Final 2020 Census Residence Criteria and Residence Situations, 83 Fed. Reg. 5525 (Feb. 8, 2018).
Sec. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
SCOTUS has already ruled that lone judges cannot make rulings affecting the entire country, only their own jurisdiction.
“SCOTUS has already ruled that lone judges cannot make rulings affecting the entire country, only their own jurisdiction.”
Really? I missed that. Can you give a citation, please?
Whether this order stands or not, guess what well likely learn:
The 'real' total number of illegal immigrants currently in the US https://t.co/h4qSPZFSPd pic.twitter.com/WiaenIJy5n— Julian's Rum 🥃 (@JuliansRum) July 21, 2020
Awesome. I hear liberal heads exploding.
AOC Wants Illegal Immigrants Filling Out Census Forms Now That Citizenship Question Isn’t Asked
If congressional representation is determined by the census and if the census did not contain a question on immigration status then how are they going to exclude illegal aliens from representation?
I’ll look through my comments, someone mentioned it to me recently. Found it. It was in connection with my question about rogue judges stopping funding for the border wall. Different context but the principle is what is important, and I remember that ruling.
“I think the bottom line is last Julys (2019) ruling from the Supreme Court, that no preliminary injunctions could halt the border wall construction (it being a formally declared National Emergency and all).
It was a real issue of growing intensity back then, that any one of the hundreds of un-elected District Court judges were issuing nationwide injunctions (effectively vetoes) against the elected President. Senator McConnell warned the Chief Justice that is he did not address this (as head of the Judiciary) the Legislature would. After that ruling from the Supreme court last July, everyone seemed satisfied that the rogue judges were reined in, from exercising such nation-wide vetoes.”
I have no doubt Trump’s people have a method. WHich will be made public when it’s too late for Demsheviks to do anything about it. Just like mail in voting. It ain’t gonna happen. We won’t know until it’s too late for Demsheviks to figure out another way to steal the election.
“Failure to exclude illegal immigrants for the purposes of apportionment would have major ramifications and could cause some American citizens to be proportionally underrepresented.”
It is nice that someone finally figured that out and it is unarguable. My representation here in Louisiana in Congress could be taken away and given to illegals in California.
Trump has wanted to do this for a long time, no doubt since before he was president.
80 million tourists come to the United States each year.
So, shouldnt they be counted too?
Doesnt it make more sense to count people here legally rather than those who sneak in illegally?
Read everything that was put up today by the White House, I posed all three above.
California would lose 5-7 congressional seats and 7-9 electoral votes if illegal aliens are not counted.
Thought you would be cheered by this.
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