BIRMINGHAM, Ala. (Legal Newsline) – Alabama alleges it stands to lose a congressional seat and an electoral vote because of a new rule to include foreign nationals in the 2020 census.
The state of Alabama and Rep. Morris J. Brooks Jr. (5th Congressional District) filed a complaint on May 21 in the U.S. District Court for the Northern District of Alabama against United States Department of Commerce; Secretary of Commerce Wilbur L. Ross; Bureau of the Census and its Direct Ron S. Jarmin alleging violation of the 14th Amendment and other counts.
According to the complaint, the plaintiffs allege that on Feb. 8, 2018, the Final 2020 Census Residence Criteria and Residence Situations Rule promulgated by defendants "provides that foreign nationals living in the United States will be counted in the census and allocated to the state where their 'usual residence' is located - regardless of whether they are legally present in the United States."
As a result, the suit states that Alabama stands to lose one congressional seat and one electoral vote in the reapportionment conducted pursuant to the 2020 census to a state "with a larger illegal alien population."
The plaintiffs allege the decision is "unconstitutional and arbitrary."
The plaintiffs seek declaration that the residence rule is unlawful, injunctive relief and any other relief as the court deems appropriate. They are represented by the Alabama Attorney General's Office in Montgomery, Alabama.
U.S. District Court for the Northern District of Alabama case number 2:18-cv-00772-RDP