Equal Representation Act sparks partisan debate over citizen count in apportionment process

The House of Representatives recently passed a bill known as the Equal Representation Act, which aims to exclude non-citizens from the population count used to determine the number of House seats and Electoral College votes for each state during the apportionment process. The bill, sponsored by Rep. Chuck Edwards (R-NC), also includes a citizenship question on the upcoming census. While former President Donald Trump attempted to add such a question before the 2020 census, it was ultimately blocked by the Supreme Court. Support for the current bill is largely divided along party lines, with most House Republicans in favor due to what they perceive as increased levels of immigration under President Joe Biden’s administration. Some critics, including Rep. Nanette Barragan (D-CA), chair of the Congressional Hispanic Caucus, argue that the bill would violate the constitutional mandate for an accurate census count and deprive immigrants of their right to representation. Supporters, such as Rep. Clay Higgins (R-LA), contend that the bill is necessary to ensure that only citizens are counted during the apportionment process, given the high number of undocumented immigrants currently living in the US as a result of President Biden’s alleged failures at the southern border. The bill faces opposition from some quarters, including Speaker Mike Johnson (R-LA), who oversees a slim majority in the House, and may not ultimately receive support from the Democratic-controlled Senate or the White House. Nonetheless, advocates argue that it would prevent states with higher populations of non-citizens from receiving additional House seats and Electoral College votes, thus benefitting predominantly Republican states with lower immigrant populations.