Several states have initiated legal action against the U.S. Census Bureau, aiming to prevent the inclusion of undocumented immigrants in the population count used to allocate congressional seats and electoral votes. The lawsuit, filed by the attorneys general of Louisiana, Kansas, Ohio, and West Virginia, contends that including undocumented immigrants in the 2020 census resulted in a shift of congressional representation and electoral votes from states with fewer undocumented residents to those with larger populations. The plaintiffs argue that this practice violates the Fourteenth Amendment's equal representation principle and Article II, Section 1 of the Constitution.

Specifically, the lawsuit alleges that Ohio and West Virginia each lost a congressional seat and an electoral vote due to the inclusion of undocumented immigrants in the count, while Texas gained a seat and California retained one it would have otherwise lost. The attorneys general express concern that Louisiana and Kansas could face similar losses in the 2030 reapportionment if the current methodology continues. They argue that representing undocumented immigrants in the census dilutes the voting power of citizens in their states.

The lawsuit centers on the Census Bureau's "Residence Rule," established in 2018, which dictates that all foreign nationals residing in the U.S., regardless of legal status, are counted based on their usual residence. The plaintiffs contend that this rule contradicts the historical understanding of "persons in each State" as outlined in the Constitution, which they believe refers only to U.S. citizens and legal permanent residents entitled to political representation.

The attorneys general cite research indicating approximately 11.7 million undocumented immigrants reside in the U.S. and argue that this population is concentrated in a small number of states, thereby disproportionately affecting the distribution of congressional seats and electoral votes. They assert that including undocumented immigrants in the census effectively transfers voting power from some Americans to others.