AG Steve Marshall, Rep. Mo Brooks sue Census Bureau over immigrant rule

Published: May. 22, 2018 at 10:49 AM CDT
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Alabama Attorney General Steve Marshall and U.S. Rep. Mo Brooks, R-Huntsville, have filed a lawsuit to block a Census Bureau rule that will count people in the country illegally in determining the population of states in the 2020 Census.

The lawsuit, filed by Marshall on behalf of the state, claims that Alabama will lose one U.S. House seat and one vote in the Electoral College because of the rule.

The decennial census is used to apportion seats in the House, which also determines the number of Electoral College votes.

"Congressional seats should be apportioned based on the population of American citizens, not illegal aliens," Brooks said in a press release. "After all, this is America, not the United Nations.

Marshall and Brooks claim the rule violates the 14th Amendment to the U.S. Constitution and other federal laws and is inconsistent with the constitutional goal of equal representation.

"The Constitution does not permit the dilution of our legal residents' right to equal representation in this manner," Marshall said in the press release.

They filed the lawsuit Monday in the U.S. District Court for the Northern District of Alabama.

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