Senate Rejects GOP Measure to Exclude Non-Citizens from Census Count Used for Congressional Apportionment

The U.S. Senate recently blocked a Republican-backed proposal that would have changed the way the U.S. Census counts individuals for congressional representation. The amendment, introduced by Senator Bill Hagerty (R-TN), sought to prevent non-citizens — including both legal immigrants and undocumented individuals — from being included in the population figures used to allocate seats in the House of Representatives and electoral votes for presidential elections.

Hagerty’s amendment was part of a broader $460 billion spending bill and called for a significant shift in how the Census Bureau conducts its population count. Specifically, the proposal would have required the inclusion of a citizenship question on all future censuses and excluded non-citizens — such as green card holders, visa holders, and undocumented immigrants — from being factored into the calculations that determine how congressional districts and electoral college votes are distributed among the states.

The amendment ultimately failed in a 51-45 vote. All Democrats and independents present opposed the measure, along with one Republican, Senator Lisa Murkowski of Alaska. Several senators from both parties were absent. Most Republicans supported the amendment.

Background: Census and Apportionment

Under current law, the U.S. Census counts every person living in the United States, regardless of citizenship status. This total population count is used every ten years to determine how the 435 seats in the U.S. House of Representatives are divided among the 50 states — a process known as apportionment. The same population data is also used to calculate each state’s share of electoral votes in presidential elections.

Critics of the current system, mostly among Republican lawmakers, argue that including non-citizens — especially undocumented immigrants — in the census inflates representation for states with larger immigrant populations, many of which tend to vote Democratic. Proponents of changing the rules claim this results in “misrepresentation” and dilutes the political power of citizens in states with smaller non-citizen populations.

Senator Hagerty framed his proposal as a step toward fairness and electoral integrity.

“It’s simple: only American citizens should have a role in choosing American leaders,” Hagerty said in a statement. “Our nation’s representation in Congress and the Electoral College should reflect the voices of citizens, not foreign nationals who are in the country illegally or temporarily.”

A Return to a Trump-Era Idea

The amendment echoes a controversial effort by the Trump administration to add a citizenship question to the 2020 Census. That initiative was met with strong opposition from Democrats, civil rights groups, and immigration advocates, who argued that such a question would discourage immigrant communities from participating in the census — leading to an undercount that would have broader political and economic consequences.

The Supreme Court ultimately blocked the Trump administration’s attempt to add the question in 2019, citing insufficient justification.

Reactions from the Right

Following the Senate vote, several conservative voices expressed frustration, arguing that the current system unfairly benefits Democrats.

Elon Musk, CEO of Tesla and SpaceX, weighed in on the issue via his social media platform, X. He highlighted the impact that including undocumented immigrants in the census could have on political power.

“Most Americans don’t realize that the U.S. Census counts all residents — regardless of citizenship — when determining representation in Congress,” Musk wrote. “This artificially boosts representation in states with large illegal immigrant populations, shifting power leftward by as much as 5%.”

Musk further suggested that current immigration policies, including reduced deportations under the Biden administration, contribute to this shift in power.

Political commentator Stacy Washington echoed similar concerns, noting that while undocumented immigrants cannot vote, their presence can still influence the political balance in Congress by increasing representation for certain states.

Opposition from the Left

Democrats, along with many legal experts and civil rights organizations, argue that the Constitution requires the Census to count every person residing in the U.S., regardless of immigration status. They warn that excluding non-citizens would not only violate constitutional principles but could also lead to undercounts that affect federal funding, infrastructure planning, and community services.

They also argue that the proposal was politically motivated and aimed at reducing representation for diverse, urban areas.

Final Outcome

While the amendment failed to pass, the debate underscores ongoing tensions over immigration policy, voting rights, and political representation. With the next census scheduled for 2030, questions about who should be counted — and how that count should be used — are likely to remain central topics in future legislative and legal battles.