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Missouri Sues Commerce Department and Census Bureau to Exclude Noncitizens From Apportionment

The filing asks a federal judge to order a 2020 recount and to bar counting undocumented and temporary visa holders in 2030.

Overview

  • Attorney General Catherine Hanaway filed the case on Jan. 30 in the U.S. District Court for the Eastern District of Missouri.
  • The complaint argues that including undocumented immigrants and temporary visa holders in apportionment violates Section 2 of the Fourteenth Amendment and the Administrative Procedure Act.
  • Missouri seeks declarations that the 2020 count and 2021 apportionment were unlawful, a redo of the 2020 enumeration if needed, and a prohibition on including these groups in 2030.
  • The lawsuit alleges Missouri lost a House seat and an electoral vote after the 2020 count and says census-based funding distributions were distorted.
  • The case challenges the long-standing practice of counting all residents, a policy that survived earlier litigation after a 2020 Trump directive to exclude undocumented immigrants was later reversed under the Biden administration.