1. United States
2. Colo.
3. Letter

I am writing to urge you to oppose H.R. 7109, the Equal Representation Act, and any future efforts to inquire about citizenship or immigration status on the decennial census and to exclude noncitizens from the apportionment counts. H.R. 7109 seeks to achieve a clearly unconstitutional purpose, as determined by both Republican and Democratic administrations and the Congressional Research Service. This bill would mandate the U.S. Census Bureau to exclude noncitizens from the congressional apportionment calculation after each census — an action that directly violates the 14th Amendment to the U.S. Constitution. The amendment explicitly requires the apportionment of seats based on “the whole number of persons in each State” (emphasis added). The 14th Amendment was enacted, in relevant part, to repeal the provision in Article I that counted slaves as only three-fifths of a person for apportionment purposes. H.R. 7109 evokes this shameful legacy by treating noncitizens as less than a person. The U.S. Supreme Court has recently affirmed that “representatives serve all residents, not just those eligible to vote,” in its interpretation of the 14th Amendment in Evenwel v. Abbott. The implications of this bill are not just unconstitutional but also morally wrong. It would lead to significant underrepresentation of communities with higher noncitizen populations, undermining the principle of equal representation that is fundamental to our democracy. Noncitizens contribute to our economy, our communities, and our society. Excluding them from apportionment would unjustly diminish the political power of entire communities. I urge you to stand against H.R. 7109 and any similar measures that seek to undermine the principles of fair and equal representation in our democratic process. Thank you for your attention to this critical issue.