Congress Acts to Blunt Effects of Illegal Immigration on Elections
May 9, 2024 | Washington, D.C.
by Tabitha Walter, Executive Director, Eagle Forum
The border crisis continues to be the number one issue for voters this year. The Biden Administration’s open border policy has made the problem worse and Republicans have struggled to pass real border security legislation across the finish line. Meanwhile, the American people are hurting from the economic strain, job loss, and crime perpetrated by illegal immigrants. There is one issue, however, that House Republicans are unifying around — ensuring that non-American citizens are not voting in federal elections or swaying election results.
In 2019 during the Trump administration, the Census Bureau tried to make a last-minute addition to the 2020 census to add a question on citizenship. After being challenged and appealed through various federal courts, the case made it to the Supreme Court, which at the time, included Justice Ruth Bader Ginsberg and had a majority with a more liberal ideology. The 5-4 decision struck down the inclusion of the citizenship question, although the Justices held a variety of opinions on the issue. Justice John Roberts believed that the motivations behind this attempt were political whereas others such as Justices Clarence Thomas and Samuel Alito argued that no matter the motivation, the Secretary of Commerce has the power to add such a question. Most agreed that adding a citizenship question to the census in the future is feasible.
Fast forward to today and that time has come. Representative Chuck Edwards (R-NC) introduced the Equal Representation Act (H.R. 7109) which would require future censuses to include a question regarding the citizenship of the individual. It would not ask for the details about that citizenship as the category of “noncitizens” is broad enough to include those with documentation. Anyone who is not a citizen of the U.S. will not be counted for congressional reapportionment purposes. Congressional districts should be drawn to better represent the American people who live there — not those who are not able to vote for federal offices. Rep. Edwards stated in a press release:
“Incentivizing illegal immigration and exploiting our democracy to skew the number of congressional seats or electoral votes for the presidency is immoral and a sure path to the downfall of our nation. Only American citizens can vote, and only American citizens should be counted when determining federal representation.”
The Equal Representation Act passed the House on Wednesday by a vote of 206-202.
Rep. Chip Roy (R-TX) has been instrumental in holding the Biden administration accountable for the number of illegal aliens they are permitting to enter and remain in our country. This month, he and over a dozen members sent a letter to the Department of Homeland Security and House-impeached Secretary Alejandro Mayorkas asking for a report on the number of illegal immigrants residing in the United States. The letter notes that DHS has released 4.7 million illegals into the country as well as an estimated 1.8 million aliens have skirted border patrol. The detailed list of requests includes data on those who are receiving taxpayer benefits, visa overstays, explanations for why these incidences have occurred, and more.
While Rep. Roy is waiting for a response, he and Senator Mike Lee (R-UT) introduced a piece of legislation to prohibit illegal immigrants from voting in elections. The Safeguard American Voter Eligibility “SAVE” Act (H.R. 8281) would require proof of American citizenship to register to vote in elections. Speaker Mike Johnson (R-LA) joined them in a press conference this week, emphasizing the importance of this legislation and indicating he would move it forward.
During the press conference, a new coalition was unveiled — one in which Eagle Forum is a founding member. The Only Citizens Vote Coalition is a unified group of over 80 organizations to educate others on citizen-only voting and ensure that election laws are being upheld at all levels of government. You can join us by adding your name to the Activist Pledge asking Congress to stop noncitizen voting.
Laws allowing noncitizens to vote can sneak in on the state or local level as well. In October 2022, the Washington, D.C.’s District Council came under fire for passing a bill to allow noncitizens to vote in local elections. The only qualification needed would be residency for 30 days. The Board of Elections is advertising this through postcards in this year’s elections. Sen. Roger Marshall (R-KS) is introducing the Demanding Citizenship in DC Elections Act to exercise Congress’s oversight of D.C. and overturn this abhorrent decision.
Eagle Forum applauds Rep. Edwards for introducing H.R. 7109 in advance of the 2030 census and is encouraged by the numerous election integrity bills pushed by various Members. We will support each of these bills and keep you up-to-date on their progress as they move through the House and Senate.