A Republican-backed proposal in the House of Representatives seeks to change how congressional districts are allocated by counting only U.S. citizens. Introduced by Rep. Andrew Clyde, R-Ga., the "Make Apportionment Great Again" (MAGA) Act would fundamentally alter the basis for determining each state's number of House representatives, potentially impacting representation in states with larger noncitizen populations.
The U.S. census traditionally counts all individuals residing within the country's borders, irrespective of citizenship status. Proponents of the MAGA Act argue that this method has disproportionately benefited Democratic-leaning states. A 2024 report from the Center for Immigration Studies (CIS) suggested that immigrants, both legal and illegal, contributed to a net increase of 14 House seats in Democratic states, while Republican states saw a reduction of 10 seats.
Under Clyde's legislation, states would rely on existing records to reapportion congressional seats by 2027. The bill also proposes adding a question to the 2030 census to specifically ask individuals about their U.S. citizenship status, distinguishing between citizens, U.S. nationals but not citizens, aliens lawfully residing in the U.S., and aliens unlawfully residing in the U.S.
This proposal could face significant legal challenges, as the 14th Amendment to the Constitution mandates apportionment based on "counting the whole number of persons in each State," without explicitly mentioning citizenship. Such a provision could invite opposition from groups advocating for immigrant rights.
The debate over census counts and representation has been amplified by recent discussions. A video clip surfaced in July that appeared to show Rep. Yvette Clarke, D-N.Y., suggesting that immigrant populations could be beneficial for redistricting purposes within her district. Clarke's office did not immediately respond to a request for comment on the matter.
The potential impact of the MAGA Act could be substantial, particularly for states like California, New Jersey, New York, and Florida, where immigrants constitute a significant portion of the population, according to U.S. census data. The legislation is part of a broader discussion about redistricting strategies and their influence on political representation ahead of future presidential elections.