A democracy designed for a diverse country faces its latest test

Starting with the first census in 1790, the counts used for this apportionment function have always included all residents of the United States — citizens and non-citizens, regardless of immigration status. That is what the plain language of the Constitution calls for. There is no reason to change course now. In addition to congressional apportionment, the case could have a direct impact on the outcome of future presidential elections. Since a state's number of Electoral College votes are determined in part by its seats in the House, excluding undocumented immigrants could reduce the voting power of Latinx communities — and other communities of color — in selecting presidents.

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