Missouri Sues To End Counting Of Illegal Aliens In Census, Wants Recount
Missouri Attorney General Catherine Hanaway announced Friday that the state, along with several individual plaintiffs, has filed suit against the U.S. Department of Commerce and the Census Bureau seeking to end the counting of illegal aliens in the census and force a recount of the 2020 Census and 2021 congressional apportionment.
In a press release, Hanaway described the lawsuit as a major constitutional challenge to how federal representation is calculated.
“To defend our fundamental right to representation in government, Missouri Attorney General Catherine Hanaway filed the most significant election lawsuit in a generation,” the release
stated. “This first-in-the-nation suit was filed against the United States Department of Commerce and the Census Bureau for unconstitutionally allowing illegal aliens to commandeer the path to the White House and compromise our elections.”
“The State of Missouri and its voters can no longer ignore the ongoing denial of their right to self-government and fair representation,” Hanaway said. “United States citizens and lawful permanent residents have a right to representation, unlike illegal aliens and temporary visa holders. In America, the People, the members of the social compact, are the only legitimate source of the government’s power. We are taking a stand against those who are cheating our system.”
The lawsuit argues that the current policy of counting illegal aliens in census tabulations is unlawful and unconstitutional. Hanaway is asking the court to order a recount of the 2020 Census and prohibit the inclusion of illegal aliens in future census apportionments.
The 96-page complaint names the U.S. Department of Commerce, Commerce Secretary Howard Lutnick, the U.S. Census Bureau, and Acting Census Bureau Director George Cook as defendants.
According to the complaint, federal representation is being shifted away from states that enforce immigration laws and toward sanctuary states.
“Attorney General Hanaway will not allow open border states like California, New York, Illinois, Massachusetts, New Jersey, and Maryland to steal an estimated 11 congressional seats, 11 electoral votes, and billions of dollars in funding,” the release said.
The lawsuit argues that the policy of counting illegal aliens in the census dates back to a unilateral decision by the Carter administration prior to the 1980 Census.
Hanaway’s office said the framers of the Constitution and the Fourteenth Amendment never intended for illegal aliens or temporary visa holders to be counted for congressional representation.
“They could never have imagined an absurd system where millions of illegal alien trespassers would receive representation in Congress and the Electoral College,” the release stated.
The filing also points to actions taken during the Trump administration.
In July 2020, Donald Trump issued a memorandum directing the Secretary of Commerce to exclude illegal aliens from the apportionment base, even though they were still counted in the raw census data.
California and New York immediately challenged the order in court.
While the Supreme Court ultimately vacated the injunctions blocking Trump’s policy, the resulting delays allowed the Biden administration to reverse course and include illegal aliens in the 2021 apportionment.
The lawsuit argues that if Trump’s policy had been implemented, Missouri would have gained an additional congressional seat and an extra vote in the Electoral College.
“Instead, the Biden administration hijacked the representation of Missourians by reversing the Trump administration’s action,” the filing states.
Because the lawsuit challenges the constitutionality of congressional apportionment, it is expected to be heard by a three-judge panel under federal law.
The complaint asks the court to declare that including illegal aliens and temporary visa holders in the 2020 Census and 2021 apportionment violated the Fourteenth Amendment and the Administrative Procedure Act.
It also seeks an order requiring the Census Bureau to redo the 2020 Census and 2021 apportionment, remove illegal aliens and temporary visa holders from future apportionment bases, and prohibit their inclusion in the 2030 Census and 2031 apportionment.
House fails to adopt Iran war powers resolution
The House on Thursday failed to adopt a war powers resolution that attempted to curtail President Donald Trump's military actions in Iran.
It failed by a vote of 212-219. Republican Reps. Thomas Massie and Warren Davidson bucked GOP leaders by voting in favor; four Democrats voted against the resolution: Reps. Henry Cuellar, Jared Golden, Greg Landsman and Juan Vargas.
The resolution, which only expresses the sentiment of Congress, called on the president to terminate the use of U.S. armed forces in hostilities against Iran or any part of the Iranian government or military unless a declaration of war or authorization to use military force is enacted.
The measure was non-binding and not subject to the president's signature or veto.
Speaker Mike Johnson argued Wednesday that the United States is "not at war" but only engaged in a "defensive operation" in Iran.
“We're not at war right now,” Johnson told reporters at the Capitol. “We're in -- four days into a very specific, clear mission and operation."
Later on Wednesday, Trump contradicted Johnson, repeatedly referring to the conflict in Iran as a "war" hours after Johnson said it wasn't.
Sitting next to Johnson during a roundtable on energy prices, Trump said "we're doing very well on -- on the war front, to put it mildly."
A U.S. Army High Mobility Artillery Rocket Systems (HIMARS) launches from an undisclosed location in support Operation Epic Fury.
US Army
Johnson had said that the "passage of a war powers resolution right now would be a terrible, dangerous idea."
"It would empower our enemies. It would kneecap our own forces, and it would take the ability of the U.S. military and the commander in chief away from completing this critical mission to keep everybody safe," he said Wednesday.
On Wednesday Senate Democrats failed to meet a 51-vote threshold on an alternate Iran war powers resolution sponsored by Democratic Sen. Tim Kaine and Republican Sen. Rand Paul. The resolution failed behind a 47-53 tally.
Ilhan Omar Guest Arrested After Demonstrating During Trump’s SOTU
One of Rep. Ilhan Omar’s invited guests was arrested Tuesday night after demonstrating during President Donald Trump’s State of the Union address, according to U.S. Capitol Police. Aliya M. Rahman, 43, of Minneapolis, was taken into custody after she stood and refused repeated orders to sit down in the House gallery.
“All State of the Union tickets clearly explain that demonstrating is prohibited,” Capitol Police said in a statement. “At approximately 10:07 p.m., a person in the House Gallery started demonstrating during tonight’s State of the Union Address. The guest was told to sit down, but refused to obey our lawful orders,” The New York Times
reported.
“It is illegal to disrupt the Congress and demonstrate in the Congressional Buildings, so 43-year-old Aliya M. Rahman of Minneapolis, Minnesota, was arrested for D.C. Code §10-503.16 — Unlawful Conduct, Disruption of Congress,” the statement added.
Rahman was later issued a citation release, which police described as routine.
Omar, D-Minn., invited Rahman as one of four guests attending the address. The Minnesota Democrat has been critical of Trump’s immigration enforcement policies and previously described Rahman as someone seeking accountability for Immigration and Customs Enforcement.
Rahman made headlines in January after being detained by ICE officers in Minneapolis. Federal officials said she ignored repeated commands to move her vehicle away from an active enforcement scene and interfered with agents. Authorities said she was arrested after refusing to comply and engaging in obstructive conduct.
Rahman and her attorney have disputed that account.
In a statement to Newsweek following Tuesday’s arrest, her attorney, Alexa Van Brunt, said Rahman was targeted.
“Aliya Rahman was targeted at the State of the Union last night,” Van Brunt said. “After standing up in silence during the speech, Aliya was quickly taken away and arrested for ‘unlawful conduct’ and released just before 4 a.m. today. There is nothing unlawful about standing in silence and this is a blatant abuse of power. She was not disruptive or disrespectful. She was not holding a sign, making gestures, or wearing protest gear. She was simply standing in silence.”
Capitol Police said demonstrating of any kind is prohibited inside the chamber during a joint session of Congress.
Rahman previously told MS Now that attending the address felt necessary.
“I almost don’t feel like it was a choice,” she said. “I’m just so painfully aware that what happened to me is a very common experience in this country, except for the part where I got out and I got to come back to my community.”
“Honestly, the emotional toll of it is the reason that I think it’s still important to come be in front of people who are happy this happened to me or think I deserve worse,” she added.
The arrest came as Trump used the address to emphasize border security and immigration enforcement.
Rep. Omar responded to the arrest.
“My guest, Aliya Rahman, stood up silently in the gallery during the president’s speech for a short period of time, part of which other guests were also standing. For that, she was forcibly removed, despite warning officers about her injured shoulders and ultimately charged with ‘Unlawful Conduct,’” she said in a press release on her official website.
“Reports indicate she was aggressively handled until someone intervened to secure medical attention. She was taken to George Washington University Hospital for treatment and later booked at the United States Capitol Police headquarters, the representative said.
“The heavy-handed response to a peaceful guest sends a chilling message about the state of our democracy. I am calling for a full explanation of why this arrest occurred, she said.
