WASHINGTON, D.C. — U.S. Senators Katie Britt (R–Ala.) and Bill Hagerty (R–Tenn.), alongside several Republican colleagues, have reintroduced the Equal Representation Act, legislation aimed at excluding non-citizens—particularly undocumented immigrants—from the population totals used to determine congressional representation and Electoral College votes.
Under current U.S. law, all residents—including non-citizens—are counted in the decennial census. These figures are then used to allocate House seats and presidential electors. Supporters of the Act argue that this method creates a political incentive for states to attract undocumented immigrants, thereby increasing their federal representation and electoral influence.
Senator Hagerty echoed those concerns, arguing that including undocumented immigrants in apportionment unfairly boosts representation in certain states and dilutes the voting power of citizens in other states. He further criticized the practice as politically motivated, particularly in states experiencing domestic outmigration.
The proposed legislation would require the U.S. Census Bureau to include a citizenship question on future census forms, beginning with the 2030 census. It would also mandate that only U.S. citizens be counted when determining congressional districts and Electoral College allocation.
Supporters argue the bill promotes fairness by ensuring that political representation reflects the number of citizens in each state. Opponents raise concerns about legal challenges, administrative feasibility, and potential chilling effects on census participation among immigrant communities.