By Erin Leone
FAIR
This week, the House Committee on Oversight and Government Reform passed H.R. 151, the Equal Representation Act, out of committee by a vote of 20-19 along party lines. Introduced in January by Congressman Chuck Edwards (R-N.C.), the bill aims to reinstate a citizenship question on the decennial census and require that only United States citizens count for the purposes of congressional and Electoral College apportionment. The bill will now move to the House floor for full consideration.
The bill was originally a product of the 118th Congress, passing the House by a vote of 206–202, with all Republicans supporting and all Democrats opposing, but failing to move forward in the Senate. Specifically, the bill:
- Adds a citizenship question to the decennial census, under 13 U.S.C. 141, starting in 2030, and requires that the information be made publicly available within 120 days of the completion of each census, and
- Amends 2 U.S.C. 2a(a) to ensure that noncitizens are not counted towards congressional or Electoral College apportionment.
Currently, because congressional reapportionment and Electoral College votes are determined by census results – and the census counts all people without differentiating who is here illegally – illegal aliens residing in the United States unfairly skew the results. According to a 2025 FAIR analysis, there are now at least 18.6 million illegal aliens residing in the United States – up from 16.8 million in 2023. Even more concerning, after the 2020 Census, the average congressional district was comprised of 761,169 residents, meaning that FAIR’s most recent estimate of the illegal alien population is the equivalent of more than 24 congressional districts. And, because the number of seats in the House is fixed by law at 435, when one state adds a seat, another state loses one.
Congressional reapportionment based on the 2020 census led to multiple congressional seats changing across the country. States such as New York, Illinois, and California all lost one House seat each, while Florida gained one seat and Texas two. Without serious reforms, these consequences will be magnified in 2030, as the 2020 Census was conducted before the unprecedented wave of illegal immigration under the Biden administration’s failed policies.
FAIR strongly supports swift consideration and passage of H.R. 151, the Equal Representation Act. H.R. 151 is a crucial step towards ensuring that the anti-borders policies of the previous administration do not further distort congressional and Electoral College apportionment. Americans deserve to have their voices fully represented in our nation’s capital, not diluted by those who chose to violate our laws and enter the country illegally.
