President Donald Trump signed a memorandum on Tuesday to prevent migrants who are illegally staying in the U.S. from being counted when the U.S. Congress electoral districts are redrawn in the next round of restructuring.
Census experts and lawyers say the lawsuit is questionable. In theory, Trump's Republican Party would benefit if the largely non-white population of migrants in the U.S. were illegally eliminated and constituencies were created that were more Caucasian.
"The inclusion of these illegal aliens in the state's population for the purpose of division could result in two or three congress seats being allocated more than would otherwise be allocated," the memo said.
Electoral district-only supporters argue that every vote should have the same weight. If one district has far fewer voters than another, each vote there has more impact on election results.
However, the move brings with it important legal issues and is likely to lead to litigation.
The U.S. Constitution specifically states that the division of Congress should be based on the "total number of people" in each state. Several federal laws have reinforced this reading.
"All of this makes Trump's position outrageous," said Joshua Geltzer, constitutional law expert and professor at Georgetown Law, adding that the move will almost certainly be a litigation.
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