By Thunder Report Staff
Missouri Attorney General Catherine L. Hanaway has launched what may become one of the most consequential election-law battles in decades—filing a federal lawsuit that directly challenges the long-standing practice of counting undocumented immigrants in the U.S. Census for congressional apportionment and Electoral College allocation.
In a blunt statement posted to X, Hanaway argued that American citizens—not illegal aliens—are entitled to political representation, accusing federal agencies of “commandeering the path to the White House” and diluting lawful voters’ influence. Her office has sued the U.S. Census Bureau and the U.S. Department of Commerce, which oversees the census.
What the Lawsuit Claims
Filed in the U.S. District Court for the Eastern District of Missouri, the suit contends that including undocumented immigrants and certain temporary visa holders in census tabulations used for apportionment is unconstitutional and unlawful under the Administrative Procedure Act. According to the complaint:
- Counting non-citizens dilutes the voting power of U.S. citizens, particularly in states with lower illegal-immigrant populations.
- The practice shifts congressional seats and Electoral College votes toward states with large undocumented populations—often deep-blue states—at the expense of states like Missouri.
- Missouri lost a congressional seat after the 2020 census, a result Hanaway’s office says would likely have been avoided if undocumented residents were excluded.
The lawsuit seeks a court order to (1) prohibit inclusion of undocumented immigrants in census counts used for apportionment, (2) require a recalculation of the 2020 census and 2021 apportionment using “the best available methods,” and (3) bar the practice for future censuses, including 2030.
A Direct Challenge to the Status Quo
For decades, the federal government has counted all residents—regardless of citizenship status—in the census. Hanaway’s suit calls that practice a modern distortion, arguing that the framers of the Fourteenth Amendment never intended “foreign trespassers” to influence representation in Congress or presidential elections.
Her office also points to the downstream effects: hundreds of billions in federal funding allocated by census-based formulas for infrastructure, health care, education, and social services—money Missouri officials say is siphoned away from citizen-heavy states.
“This is about the right of the People to govern themselves,” Hanaway said in the announcement. “Only citizens are parties to the social compact.”
The Legal Hurdle: Evenwel v. Abbott
Critics are already citing Evenwel v. Abbott, a 2016 Supreme Court decision that unanimously upheld states’ use of total population—not just eligible voters—when drawing legislative districts. Writing for the Court, Justice Ruth Bader Ginsburg emphasized that representatives serve all residents, not only those who vote.
Hanaway’s team argues Evenwel is distinguishable. That case dealt with state redistricting under the Equal Protection Clause, not federal apportionment under Article I and the Fourteenth Amendment, and did not squarely address whether non-citizens must be counted for allocating seats in Congress and Electoral College votes.
Whether courts accept that distinction will likely determine the fate of the lawsuit.
Why This Matters
This case strikes at the heart of two unresolved questions in American democracy:
- Who counts politically?
- Does representation flow from residency—or citizenship?
If Missouri prevails, the ruling could reshape congressional maps, presidential elections, and federal funding formulas nationwide. If it fails, it will reaffirm a system conservatives argue increasingly rewards lawlessness while marginalizing citizens who follow the rules.
Either way, Hanaway has forced a debate Washington has long avoided—and placed the census, usually a sleepy bureaucratic exercise, squarely back into the center of the nation’s political fault lines.
Thunder Report will continue to follow this case as it develops.
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