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FACT CHECK: DID DEMOCRATS VOTE TO GIVE 'ILLEGALS' POLITICAL REPRESENTATION?

Published May 09, 2024 at 1:16 PM EDT

CLOSE X

00:44
US Has Given Citizenship To 350,200 Migrants Since 2020 Election
By Tom Norton
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Immigration remains a central political issue in the minds of U.S. politicians
and the public as the 2024 presidential election approaches, with recent polling
by Gallup showing Americans rated it the country's top problem for the last
three months.

Donald Trump has made "closing the border" a tentpole commitment if he is
elected with top Democrats warning of the risks posed to the party over the
issue.



This week, in a post viewed 60 million times on social media, it was claimed by
a former Donald Trump advisor that Democrats had now given "illegals" new
electoral representation by opposing a bill that would have changed how the
House of Representatives is organized.


Migrants line up outside a processing center on May 11, 2023 in Brownsville,
Texas. Former Donald Trump advisor Stephen Miller claimed that House Democrats
had voted to give undocumented migrants electoral representation. Migrants line
up outside a processing center on May 11, 2023 in Brownsville, Texas. Former
Donald Trump advisor Stephen Miller claimed that House Democrats had voted to
give undocumented migrants electoral representation. Andrew
Caballero-Reynolds/AFP/Getty

The Claim

A post on X, formerly Twitter, by former adviser to Donald Trump Stephen Miller,
viewed 32.6 million times said: "ALERT: House Dems just voted UNANIMOUSLY to
give illegals representation in Congress AND the Electoral College. House Seats
and Electoral College votes WILL BE added to areas with the most illegals
(including all Biden illegals) unless Senate passes the bill. Invasion by
design."


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The post included a screengrab of H.R. 7109, the Equal Representation Act,
showing that 202 Democrats voted against it on May 8, 2024.

A repost of Miller's message by Tesla founder and X owner Elon Musk with the
"100%" emoji was viewed 30.8 million times.


Exclusively Available to Subscribers Try it now for $1

The Facts

Read more Immigration


 * AMERICA'S POPULATION COUNT WILL SHRINK BY MILLIONS UNDER NEW PLAN

Miller's characterization of this bill is misleading.



The Equal Representations Act, introduced by North Carolina Republican
Representative Chuck Edwards would require the decennial census to include a
citizenship question and "modify apportionment of Representatives to be based on
United States citizens instead of all persons."

The decennial census, which will next take place in 2030, is conducted to form
the Constitutional basis to reapportion the U.S. House of Representatives,
determining the 435 memberships, or seats, in the House.

"The mere presence of illegal immigrants in the U.S. is influencing electoral
outcomes, and the Equal Representation Act that the House passed would protect
our democracy by making sure that American citizens—and American citizens
only—have a say in determining the direction of our country," Edwards said in a
statement.

However, opposition to the bill does not afford undocumented migrants new rights
or representation, as representation based on population size, including
citizens and non-citizens, has been in place since 1790.



Representation also includes military and civilian employees of the U.S.
government deployed outside the U.S.

Miller appears to suggest that Democrats had given this new right to immigrants
as part of an "invasion" conspiracy. All that has happened is that Democrats
voted against enacting a new policy that would require changes to the
apportionment process.

Newsweek has contacted Miller's advocacy group, America First Legal, via a
contact form for comment.

The Donald Trump administration attempted and failed to introduce a similar
citizenship question for the 2020 census. The Supreme Court ruled in 2019 that
the question planned for the census was based on "contrived" rationale, blocking
the move in a 5-4 decision.



The Ruling



False.

House Democrats have not given undocumented migrants political representation. A
recent bill passed in the House, but opposed by Democrats, would require a
Census question to count U.S. citizens and non-citizens. The Census determines
the apportionment of seats in the House of Representatives.



The bill would use this data to exclude non-citizens from calculating House
apportionment.

Non-citizens have been included in the Census since 1790 so Democrats have not
given any representations or rights.

FACT CHECK BY Newsweek's Fact Check team


UNCOMMON KNOWLEDGE

Newsweek is committed to challenging conventional wisdom and finding connections
in the search for common ground.

Newsweek is committed to challenging conventional wisdom and finding connections
in the search for common ground.



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