I believe that a new census would be illegal and that undocumented immigrants
must be counted in the upcoming 2030 census.
The Constitution, in Article I, Section 2, states that
"Representatives and direct taxes shall be apportioned among the several states."
This constitutional mandate means that a decennial census is not only legal
but is required.
Congress can authorize and fund a mid-decade census. However, such a census cannot
be used for congressional reapportionment.
The Constitution has continually supported the inclusion of all "persons" in the census count, regardless of their citizenship or legal status.
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The Supreme Court has previously blocked attempts to add a citizenship question to the census, finding the rationale to be "arbitrary and capricious."
I believe that under the current legal framework and constitutional interpretation, a new, unscheduled census for the purpose of apportionment is not legal, and undocumented immigrants must be counted for apportionment purposes as part of the "whole number of persons" residing in each state.
Tom McGorray
Northwest side
Disclaimer: As submitted to the Arizona Daily Star.
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