Should it be permissible for government officials to count noncitizens in drawing up voting districts? The answer to this question has taken on added urgency with the illegal immigration crisis and the massive amounts of legal immigrants living in America. Our friends at the Center for Immigration Studies just this week announced that their analysis of census data shows that “the nation’s immigrant population (legal and illegal) hit a record high of 42.1 million in the second quarter of this year – an increase of 1.7 million since the same quarter of 2014.” This means that the noncitizens now comprise “13.3 percent of the nation’s total population – the largest share in 105 years.”
Keep these astonishing and troubling numbers in mind as I report to you our new Supreme Court “friend of court” brief, filed in partnership with the Allied Educational Foundation (AEF) The suit pushes back against a practice in Texas that undermines the voting rights of legal citizens. Last week (August 7), we filed an amici curiae brief in the U.S. Supreme Court in support of Texas residents challenging the “malapportionment” caused by a Texas election districting law that weakens the voting rights of citizens by including nonvoting noncitizens in state legislative districts.