If you need some helpful talking points about why undocumented immigrants should be counted in the census, this might be helpful.
First, itās important to understand why we undertake a census to begin with.Ā The purpose of the census as described in Article 1, Section 2 of the Constitution, referred to as ā[t]he actual Enumeration,ā is to determine apportionment of representatives in the House of Representatives. How many Representatives should each state get in the Congress?
An interesting and important historical note is that this section initially counted slaves as worthy of representation, but only at a rate ofĀ āthree fifths of all other Persons.āĀ Because of this, we no longer look to this section to determine who is counted in the census.Ā Instead, we look to the 14th Amendment.
Passed in 1866 and ratified in 1868, the purpose of the 14th Amendment was to grant freed slaves the full rights enumerated in the Constitution and to obligate the various former Confederate states to recognize those rights.Ā This included the right to be counted in the census, and thus be represented, fully, in the House of Representatives.Ā
Section 2 of the 14th Amendment says:
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.
How and why should this language include undocumented immigrants?
1. Thatās what the Constitution says.Ā The Constitution does not distinguish between citizens and residents of the United States. The 14th Amendment in its plain language saysĀ āthe whole number of persons in each stateā¦āĀ It does not limit that to citizens, voting-age citizens, property owners, children or adults, or any other qualifiers (aside from the one clearly stated) that you can think of.Ā Persons.Ā Thatās it.
2. The census is not just for voters.Ā If the Congress was interested in counting only those persons in the United States that are eligible to vote when determining apportionment, the 14th Amendment could have said so plainly.Ā But the census is conducted only every ten years.Ā The Congress anticipated that during those ten years, a decade of new voters would come-of-age, and if only voters were counted instead of all persons, that could mean that by the end of the decade, the apportionment was not just a little bit wrong, it was very wrong.Ā Ā
By extending the count to all persons, including children, the 14th Amendment accounts for new voters.Ā By doing so, the 14th Amendment acknowledges that an individualās status may change between one census and another.Ā A person may begin the decade as ineligible to vote and end it as a voter.Ā Similarly, an individual may begin a decade as an immigrant and end it as a U.S. citizen.Ā That person should still be counted and represented, whether they are eligible to vote or not.Ā Ā
3. Women have always been countedābut they have not always been voters.Ā The 14th Amendment was passed before women were granted the right to vote.Ā Because of this, we know that the Congress intentionally meant to include non-voters in the count by using the wordĀ āpersonsā instead ofĀ āmen.āĀ By doing so, the Congress recognized that representation in government is about more than simply representing the people who vote for you.Ā Itās about representing the rights and interests of all the persons who live in your district, including those without the right to vote.Ā Ā
4. Undocumented immigrants pay taxes.Ā Even if you believe representation in government is a financial exchange in which representation is only earned through an individualās monetary contribution (which you shouldnāt because, again, children are counted), undocumented immigrantsĀ do pay taxes.Ā As it is, undocumented immigrants cannot vote.Ā But they are still present in our communities and participating in our society.Ā Their communities should not be shortchanged of proper representation.Ā Ā
5. The census should accurately reflect who lives in our country.Ā Undocumented immigrants are a part of our communities.Ā They are our hardworking tax-paying neighbors who are just waiting for the chance to become legalized citizens.Ā They should not be treated as invisible to our government.Ā The numbers matter.Ā They matter when the government is determining what programs are needed for various services from education to disaster relief, public health and housing. The census count should be accurate so that our government representatives across the country know exactly who lives in their districtānot just the votersāand can serve them.Ā Ā
Excluding undocumented immigrants from the census is not just unconstitutional, itās bad policy.Ā Ā