Speech #1010087992

Mr. Speaker. last year. when the House Post Office and Civil Service Committee held hearings on the counting of illegal aliens for apportionment it became apparent that there was an abysmal lack of any credible authority that the word "person" in the constitutional clause establishing a census means "citizen." The Department of Justice and legal scholars of all philosophies have stated that it would be clearly unconstitutional to exclude illegal aliens from the census count. Section 2 of the 14th amendment provides for "counting the whole number of persons in each State." Whether we like it or not many illegal aliens do have usual residence in the United States. Obviously. persons means inhabitants. not just taxpayers. voters. or citizens. In addition. the Census Bureau would have to contend with a logistical nightmare to exclude illegal aliens. The Commerce Secretary has said: Many aliens do not know precisely what their legal status is. Neither the census nor its enumerators In the field have the legal qualifications to assist respondents in answering such a question. It would be a gross injustice to require census enumerators to become de facto INS agents. Last year at a field hearing. I requested a constitutional analysis from a witness who opposed counting illegal aliens. He stated he did not have one. but would provide the committee with the analysis when he received it. Well. we are still waiting. We have yet to receive any constitutional arguments supporting his position. Those who would arbitrarily impede the censustaking process. the smooth functioning of which has always proven efficient. should reconsider their actions. Until such time as those opposed to counting illegal aliens go through the process necessary to amend the Constitution. we should continue to count all persons in the census. All of us understand the heat and hostility that surround this issue. However. in taking the oath of office we have pledged to uphold the Constitution as it is. not as we would like It to be.