What Missouri Is Asking The Court
Attorney General Catherine Hanaway filed a lawsuit aiming to stop the Census Bureau from including illegal aliens in the apportionment numbers that decide congressional seats and Electoral College votes, and she is asking the court for a full recount to correct what she calls an unconstitutional policy that shifts political power away from law abiding states like Missouri.
Why This Matters To Voters
Hanaway says counting illegal aliens costs states representation and federal funding, and she argues that federal representation should reflect the citizenry and legal residents who obey the law, not people here in violation of it; if the policy is changed she claims up to 11 House seats and 11 Electoral College votes now credited to sanctuary states could move to states that follow immigration law.
History And The Legal Fight
The practice of counting noncitizens for apportionment dates back to a decision made before the 1980 Census, and the issue saw a major clash when President Trump sought to exclude illegal aliens from apportionment in 2020, prompting litigation that left the matter unresolved and ultimately allowed the current administration to include noncitizens in the apportionment base.
Missouri’s Argument In Plain Terms
Hanaway calls the current policy unjust and unlawful and says it effectively rewards open border states like California and New York by inflating their political clout, while punishing states that try to enforce immigration rules; she frames the lawsuit as protecting Missourians’ right to fair representation and to federal resources that follow accurate counts.
What Happens Next
The case is a first of its kind and will likely trigger appeals if a federal judge rules against either side, meaning this will almost certainly head to higher courts where the constitutional meaning of representation, the intent of the Fourteenth Amendment, and the Commerce Department and Census Bureau policies will be argued over months or years.
United States citizens have a right to representation, NOT illegal aliens. United States citizens should decide electoral votes and congressional seats, NOT illegal aliens.
We are suing @uscensusbureau for unconstitutionally allowing illegal aliens to commandeer the path to The… pic.twitter.com/UzU4UIF74V— Attorney General Catherine L. Hanaway (@AGCHanaway) January 30, 2026
.@AGCHanaway to @ClayTravis and @BuckSexton on Missouri's suit to stop the Census Bureau from counting illegal aliens: "If we win, not only will 11 House seats be reallocated from places like California to places like Missouri, but with those House seats also go electoral votes." pic.twitter.com/Pj8lEJKqib
— The Clay Travis & Buck Sexton Show (@clayandbuck) January 30, 2026
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