‘Equal Representation’ Should Mean Equal Representation for American Citizens

T he census is more than a constitutionally required population count. It determines how federal funds are distributed and how states are represented in Congress and state governments, and it can even influence who becomes president for most of the next decade.

The Equal Representation Act, which passed the House Committee on Oversight and Government Reform in December, is designed to ensure the 2030 Census accurately counts everyone living in the United States while preventing noncitizens from distorting federal funding, congressional representation, and electoral votes. The bill is expected to come before the full House for a vote early this year.

The Equal Representation Act would restore a citizenship question — asking whether or not a person is a U.S. citizen — to both the short- and long-form census questionnaires in 2030. These questions were included on the short form until 1950 and on the long form until 2000. Noncitizens would still be counted to measure the total population, but they could be excluded when determining political representation.

According to estimates from the Federation for American Immigration Reform (FAIR), nearly 32 million noncitizens live in the United States, including both legal and illegal residents. Based on the 2020 Census formula of one House seat per 761,169 people, that population equals about 41 congressional districts. A separate 2025 report from FAIR estimates the illegal alien population at 18.6 million, or roughly 24 congressional districts.

Because noncitizens are concentrated in certain states, their growing numbers shift political representation and federal funding away from some American citizens and toward others. This shift is especially troubling when it results from record numbers of people who are in the country illegally.

Correcting these imbalances should not be a partisan issue. Based on 2020 Census data, California’s illegal alien population resulted in four additional seats in Congress, while New York gained one additional seat. Republican-leaning states were affected as well, with Texas gaining two seats and Florida gaining one.

Counting noncitizens, especially illegal aliens, for reapportionment does more than shift congressional seats. It can also affect the outcome of presidential elections, even though these individuals cannot vote. This is a concern that should matter to both parties, because each state’s number of Electoral College votes is tied to the number of House seats it receives after the census. In a close election, the five additional electoral votes held by California and New York because of their large illegal alien populations could determine the outcome. Likewise, the three additional electoral votes held by Texas and Florida could swing an election in the opposite direction.

The Equal Representation Act would continue to count everyone living in the United States, regardless of citizenship or legal status. At the same time, it would ensure that political representation, electoral votes, and federal funding are based on American citizens, providing equal representation, an equal voice in presidential elections, and a fair share of federal resources for local communities.

Although the 2030 Census is still four years away, planning is already underway. Congress must act now to ensure that every American, no matter where they live, receives equal representation in the decade ahead.

Chuck Edwards represents the Eleventh Congressional District of North Carolina. Dale Wilcox is the executive director and general counsel of the Federation for American Immigration Reform (FAIR).