Reading Room Document

The Application of the Apportionment Clause of the Fourteenth Amendment to Illegal Aliens

This document is a memorandum discussing the application of the Apportionment Clause of the Fourteenth Amendment to illegal aliens. The conclusion reached in the document is that illegal aliens must be included in the decennial census for purposes of apportioning representation among the states. The document also presents a review of the relevant constitutional provisions and legislative history to support this conclusion. The questions presented for review include whether illegal aliens should be excluded from the census and whether the term "persons in each State" refers only to lawful residents.

May 16, 1988