States Sue Trump Over Order to Exclude Undocumented Immigrants From US House Seat Counts

A coalition of 35 U.S. states, cities and counties sued President Donald Trump on Friday over his directive not to count undocumented immigrants when apportioning seats for the House of Representatives, a move that critics have said is designed to help Republicans.

Trump’s plan, announced on Tuesday, could exclude several million people when determining how to apportion the 435 House seats, starting with the 2022 midterm elections. It could cause a few House seats to shift from Democratic-leaning states with large immigrant populations to Republican-leaning states.

The apportionment is also a basis for determining electoral votes for the 2024 and 2028 presidential elections.

Among the mostly Democratic-leaning plaintiffs are New York state, the most populous plaintiff, Illinois, Massachusetts, Michigan, New Jersey, Pennsylvania, New York City, Chicago, Philadelphia and San Francisco.

The White House declined to comment.

In the complaint filed in federal court in Manhattan, the plaintiffs called Trump’s plan unconstitutional because everyone in the country must be counted regardless of their legal status.

They said this has been true since slavery was abolished in the 1860s, and that the Constitution requires a count based on the “whole number of persons” in each state, as counted in each decennial U.S. census.

The census is also a basis for allocating federal funds, and the plaintiffs said Trump’s directive could hurt communities by deterring immigrants from responding to the census now under way.

In announcing the directive, Trump said “person” had “never been understood to include … every individual physically present within a state’s boundaries.”

Alleged efforts to conceal the number of undocumented immigrants, he said, were “part of a broader left-wing effort” to erode the rights of American citizens, “and I will not stand for it.”

Trump has made curbing legal and illegal immigration a focus of his presidency. He is seeking reelection and has trailed Democrat Joe Biden in some recent polls.

(Reporting by Jonathan Stempel in New York; Additional reporting by Mica Rosenberg in New York and Alexandra Alper in Washington, D.C.; Editing by Leslie Adler)


  1. “Don’t underestimate the “silent majority”… #KAGTRUMP2020” Mary

    Good luck with that. Current estimates are 355 EC votes for Joke Biden. Can Cult-45 beat that?

  2. Hey, General Confusion!! Remember when the polls said HiLlARy had the election in the bag?? BAWAHAHAHAHAAAAAAA!! Don’t underestimate the “silent majority”… #KAGTRUMP2020

  3. Only LEGAL citizens and DOCUMENTED citizens should be counted..
    Illegals should NOT have rights and benefits the same as those who entered LEGALLY!!!

  4. “Only U.S citizens should be counted” Albert

    Albert (and many others here) is confused by our Constitution.

    “GCG forgets that Rasmussen was one of the few polls that got 2016 right.” HWB

    Even a stopped watch is right twice per day. Rasmussen has been criticized for poor polling since at least the 2000 election, although ther were two elections that the polled well. They had a house bias of 3.9%, the last time that I saw.

    But since Rasmussen favors King Donald The Loser, His Majesty LOVES citing their polls that favor him.

    Case in point? The latest summary of polls about King Donald The Loser’s approval has Rasmussen at 47%, the highest of them all. Can His Majesty recover some of the polling deficit found in all of the other polls that have him at around 10% LOWER than Rasmussen, by the first week of November? If anybody can do it, Teflon Don can.

    So, go out on a limb, guys. Predict now: will Teflon Don pull off another highly unlikely sqweaker of a win in 2020?

    I will ignore you if you don’t explain how it will be possible. Rhetorical or one-word answers don’t count.

  5. Yes, Tony, you’re right.
    Only U.S citizens should be counted, I have nothing against people coming in from other countries but if they want to stay and vote in our elections they should become a legal citizen.

  6. Here we go again,,,, DemonRats proving one again THEY ARE the enemy of our nation,,,, counting ILLEGALS from other countries in order to twist OUR Elections is Pure Insanity !!!

  7. Chuck and James say it simply and accurately. Illegals are, illegal, they can’t legally vote or be counted as U.S. citizens. I am and I vote. Can anyone on the Democratic side figure that out? I must bid you ado, I am off to Canada to vote in their election.

  8. GCG forgets that Rasmussen was one of the few polls that got 2016 right. Sometimes forgetfulness is a sign of narcissism and denial, as in, “how could I someone so phuking smart as me possibly be wrong?” HRC was lured into that trap. The idiot Dems will lose again.

  9. Illegals have no legal status and as such should not be counted. They don’t have Citizens’ rights, including the right to vote. Democrats have done everything possible to make it possible for illegals to vote and do it over and over. They give illegals fake documents so they can get welfare, food stamps, housing vouchers, free healthcare, free education, etc. By federal law, they should all be rounded up and thrown across the border. They are not citizens and should not be counted. Democrats want them counted to get more reps in the House, as the article stated. The whole point of sanctuary cites and states were to get Democrats more power in the House and for voting in elections. Lying, cheating, corrupt Democrats.

  10. James
    Generally Confused is his usual condescending self.
    To paraphrase Zig Ziglar….
    “Only taste of success some people get is when they take a bite out of you. “
    That’s him in a small small nutshell. You must agree with him or him you’ll feel his wrath. lol

  11. “You think today’s polls are legitimate?” james

    That depends on the polls. Reputable polls, in general, do a very good job of being accurate. Some, such as Rasmussen, I would not trust at all.

    “They sure were humiliated in the 2016 election showing Hillary in a landslide.” james


    You have no idea what you are talking about. You have no interest in learning what the truth is because you are lazy and it is convenient for you to believe lies told to you.

  12. You think today’s polls are legitimate? They sure were humiliated in the 2016 election showing Hillary in a landslide.

  13. And why should illegal aliens be counted to fix the apportionment count in the House seats? What is it the dims cannot see – THEY ARE ILLEGAL RESIDENTS! If we aren’t a country of law and order we are doomed!

  14. And so the IJR idiots Johnny Boy and Scotty the Imposter comment once again. What a group of twin idiots. Who reads their crap?

  15. “He is seeking reelection and has trailed Democrat Joe Biden in some recent polls.” Article

    I am confused.

    SOME polls? I haven’t seen ANY legitimate polls showing His Majesty in the lead. None.

  16. Another lawsuit against THE LAWLESS LIAR trumphuhk.

    He’s not used to Plaintiffs with much deeper pockets and

    better lawyers than him.

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