Trump effort to exclude undocumented immigrants when congressional seats are divvied up blocked by federal court

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A panel of federal judges deemed the Trump push to exclude undocumented immigrants from the base population used to distribute seats in Congress was an “unlawful exercise of authority granted to the President.” Credit: REUTERS

A three-judge federal panel in New York has ruled that the Trump administration cannot keep undocumented immigrants from being counted when lawmakers reapportion congressional districts next year — an effort that could have potentially cost Texas several seats in Congress.

In a significant departure from the way representation is typically divided up, President Donald Trump in July signed a memorandum directing Secretary of Commerce Wilbur Ross to exclude undocumented immigrants from the base population used to distribute seats in Congress. But in its Thursday ruling, the panel of judges deemed the memo an “unlawful exercise of authority granted to the President.”

The constitutionally mandated count each 10 years of every person residing in the country is used to determine congressional representation from each state. Excluding undocumented residents from the counts used to parcel out congressional districts would likely lead to a drastic realignment of political power throughout Texas.