by Rusty Weiss, thepoliticalinsider.com
A three-judge panel in New York has ruled that illegal immigrants must be counted when determining the number of seats states receive in the House of Representatives.
President Trump signed an executive order in July clarifying that illegal aliens are not to be included for the purpose of the apportionment of Representatives following the 2020 census.
“By directing the Secretary to provide two sets of numbers, one derived from the decennial census and one not, and announcing that it is the policy of the United States to use the latter in connection with apportionment, the Presidential Memorandum deviates from, and thus violates, the statutory scheme,” the judges wrote.
“Second, the Presidential Memorandum violates the statute governing apportionment because, so long as they reside in the United States, illegal aliens qualify as ‘persons in’ a ‘State’ as Congress used those words.”
Perversion of Democratic Principles
Two of the judges on the panel – Richard C. Wesley and Peter W. Hall – were appointed by George W. Bush, while the other – Jesse M. Furman – was appointed by Barack Obama.
In announcing the original executive order, President Trump stated that “giving congressional representation and political influence to illegal aliens – people who have blatantly disregarded our laws – would be a perversion of our democratic principles.”
Far-left states that accept illegal aliens and offer them sanctuary would be given greater representation in the House.
“Allowing illegal aliens to be counted for the purpose of apportionment could also create perverse incentives – such as potentially rewarding states that encourage violations of Federal immigration law – that would undermine our system of government,” the memorandum reads.
In it, the President vowed to “never allow our democracy to be eroded by giving congressional representation to illegal aliens when the Constitution does not require it.”
Win For Democrats
The ruling is a clear-cut win for Democrats, who have long used illegals as a means to greater electoral and political power.
A study by the Center for Immigration Studies (CIS) shows that, of 26 seats that would be lost, 24 are from states that voted for Trump in 2016, while 19 seats would be gained in the solidly Democratic states of California, New York, New Jersey, Massachusetts, and Illinois.
The ruling by these Bush-Obama appointed judges could be appealed to the Supreme Court, according to CBS News.
Rusty Weiss is a freelance writer focusing on the conservative movement and its political agenda. He has been following and analyzing the political climate for several years, and his writings have appeared in the Daily Caller, FoxNews.com and more.