GOP Senator Introduces Bill to Bar Undocumented Immigrants from Reapportionment Process

In an essay yesterday (which is still running on the front page of the Huffington Post), Waking Up To the Coming Battle Over the Census, I talked about the very real possibility that the national Republican Party will mount a sustained effort to undermine the Census next year because of the Constitutional requirement for it to count all people, including undocumented immigrants.  One could easily imagine Rep. Joe Wilson, for example, leading this effort.

Yesterday we came across this story from the Salt Lake Tribune, which reports on a new bill just introduced in the United States Senate by Sen. Bob Bennett which attempts to identify the undocumented population and bar them from contributing to the reapportionment process.   From the news article:

Bennett, a Utah Republican who faces a tough re-election effort, introduced a bill last week that would add an 11th question to the Census forms asking if the person is a citizen or legal resident. He wants to exclude undocumented immigrants from the count used to apportion seats in the U.S. House.

"It does not make any sense for congressional seats and the Electoral College to be determined by a process that unfairly provides the advantage to those communities with high illegal populations," Bennett said in announcing his legislation.

The question Bennett raises, and is raised by the authors in the Wall Street Journal in my post yesterday, is should the undocumenteds be counted?  The 14th Amendment says:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed

The interpretation of this question for these many years is that, yes, everyone must be counted.  And certainly the 2010 Census is designed to do just that.  But given how the national Republican Party played politics (successfully by the way) with the Census and reapportionment process the last two times the nation went through this, we should expect another run this time too.  And my guess is that despite the Constitutional requirement to count everyone most/many Americans would agree with Senator Bennett - why should places like Arizona gain at others expense through the presence of what will clearly be labeled "illegals?"

Which is why this debate could end up being so tough for those elected officials, including the President, required to defend the constitutionality of the current census strategy - because for many it will seem like it "makes no sense."

So how to avoid what could become a very ugly and divisive fight, pitting region against region, community against community, immigrants vs native born?

Pass comprehensive immigration reform prior to the start of the census count, making the "illegals" legal and finally fixing the broken immigration system once and for all.

Open to other ideas too.  Feel free to share 'em.  Anxious to hear your thoughts on this.