Professional Documents
Culture Documents
Updated Final HR 7109 Sign On
Updated Final HR 7109 Sign On
Board of Directors
Abed Ayoub Dear Chairman Comer and Ranking Member Raskin:
American-Arab
Anti-Discrimination Committee
Gloria L. Blackwell
AAUW On behalf of The Leadership Conference on Civil and Human Rights, a coalition charged by
Shawn Fain
International Union, UAW its diverse membership of more than 240 national organizations to promote and protect the
Jocelyn Frye
National Partnership for
Women & Families
rights of all persons in the United States, our Census Task Force co-chairs, Asian Americans
Jonathan Greenblatt
Anti-Defamation League
Advancing Justice | AAJC and NALEO Educational Fund, and the 74 undersigned
Mary Kay Henry organizations, we write to urge you to oppose H.R. 7109, the Equal Representation Act,
Service Employees International Union
Damon Hewitt and any future efforts to ask about citizenship or immigration status on the decennial
Lawyers' Committee for
Civil Rights Under Law census and to exclude noncitizens from the apportionment counts.
David H. Inoue
Japanese American Citizens League
Virginia Kase Solomón
League of Women Voters of the As a threshold matter, H.R. 7109 seeks to achieve a clearly unconstitutional purpose,
United States
Marc Morial
National Urban League
according to both Republican and Democratic administrations and the Congressional
Janet Murguía
UnidosUS
Research Service.1 It would require the U.S. Census Bureau to exclude noncitizens from the
Svante Myrick
People For the American Way
congressional apportionment calculation after each census — an action that would clearly
Janai Nelson
NAACP Legal Defense and
violate the plain meaning of the 14th Amendment to the U.S. Constitution to apportion seats
Educational Fund, Inc.
Christian F. Nunes based on “the whole number of persons in each State” (emphasis added). The 14th
National Organization for Women
Rabbi Jonah Pesner Amendment was enacted, in relevant part, to repeal the provision in Article I that counted
Religious Action Center
of Reform Judaism slaves as only three-fifths of a person for apportionment purposes; H.R. 7109 evokes this
Rebecca Pringle
National Education Association shameful legacy by treating noncitizens as less than a person. The U.S. Supreme Court has
Lisa Rice
National Fair Housing Alliance recently noted that “representatives serve all residents, not just those eligible to vote,” when
Kelley Robinson
Human Rights Campaign considering the 14th Amendment’s requirements in Evenwel v. Abbott (578 U.S. ___). 136
Anthony Romero
American Civil Liberties Union S.Ct. 1120 (2016)).
Liz Shuler
AFL-CIO
Fawn Sharp
National Congress of American Indians Moreover, the bill essentially seeks to amend the Constitution through legislation, by
Maria Town
American Association of changing the 14th Amendment apportionment directive from an allocation of seats based on a
People with Disabilities
Randi Weingarten
American Federation of Teachers
John C. Yang
1
Lee, Margaret M. Lunder, Erika K. “Constitutionality of Excluding Aliens from the Census for
Asian Americans Advancing Justice |
AAJC
Apportionment and Redistricting Purposes.” Congressional Research Service. January 1, 2010.
https://digital.library.unt.edu/ark:/67531/metadc627196/m1/1/high_res_d/R41048_2010Jan20.pdf;
President and CEO See also “Apportioning Seats in the U.S. House of Representatives Using the 2013 Estimated Citizen
Maya Wiley
Population.” Congressional Research Service. October 30, 2015.
https://crsreports.congress.gov/product/pdf/R/R41636.
April 9, 2024
Page 2 of 4
count of all persons, to one based only on citizens. This effort directly contradicts the established process
for amending the Constitution, set forth in Article V.
Equally troubling, if enacted, this section would put the success of future censuses at risk:
1. H.R. 7109 would undermine 2030 Census accuracy in every state and every community by
creating a climate of fear among all immigrants. Asking about citizenship and immigration
status in the census is unnecessarily intrusive and will raise concerns among all respondents —
both native-born and immigrant, citizens and noncitizens, and mixed-status households alike —
about the confidentiality and privacy of information provided to the government. This will have a
chilling effect, keep many households from responding, and undermine the accuracy of the count.
2. The Census Bureau cannot reliably determine the citizenship and immigration status of all
residents without destroying the chance for an accurate census in all states. Census Bureau
research and testing have shown that response rates would decrease if such a question were added
to the census. The result would be that millions of citizens and noncitizens alike, especially
people living in mixed-status households, including many children, would be missed. Because
census data guide the allocation of $2.8 trillion annually in federal assistance to states, localities,
individuals, and families for a range of vital services, an inaccurate census will skew the fair and
prudent distribution of federal resources for the next decade.
In short, H.R. 7109 seeks to accomplish an unconstitutional goal; tries to amend the Constitution through
unconstitutional means; and would put the accuracy of the multi-billion dollar, constitutionally required
decennial census at grave risk in every state and community. For these reasons, we strongly urge you to
oppose H.R. 7109 and any further efforts to ask about citizenship status on the decennial census and to
exclude noncitizens from the apportionment counts.
Thank you for considering our views. If you have any questions, please contact Meeta Anand, senior
program director of census and data equity at The Leadership Conference on Civil and Human Rights, at
anand@civilrights.org.
Sincerely,