Speech #1010088031

Speaker. I rise in opposition to the motion to take up the previous question of Representative CONTES motion to instruct the conferees on the CommerceJusticeState appropriations measure before us today. I urge my colleagues to oppose the previous question so that Representative RIDGE may offer a motion to instruct the conferees to accept an amendment authored by Senator SHELBY which would prohibit the Census Bureau from spending any funds to count undocumented aliens in the upcoming census for reapportionment purposes. The Inclusion of Illegal aliens In the Federal census count that is used to apportion the seats in the House of Representatives among the States is of concern to Kansans. because of the likelihood that we will lose one of our five House seats following the 1990 census. This Is a zero sum game. In 1992. 435 men and women will be elected to serve in the House of Representatives. Will they be elected to represent U.S. citizens In Kansas. or will they be elected to represent undocumented aliens living in other parts of this country? I have been outspoken regarding the blatant unfairness of counting illegal aliens in the census for reappointment purposes. As a result of the inclusion of Illegal aliens In the 1980 census. New York and California gained House seats which otherwise would have gone to Georgia and Indiana. I have reviewed data based upon the projected results of the 1990 census which indicate that If illegal aliens are not included in the census count. Kansas will not lose a House seat. Supporters of the Inclusion of illegal aliens In the census count claim that the Constitution requires that all "persons" In the United States be counted for reapportionment purposes. I disagree with this interpretation of our Constitution because. at the time the Constitution was ratified. there was no such thing as an "illegal alien": Our borders were open and all Immigrants were welcome. Immigration Into the United States was first restricted In 1875. Surely we have the right to bar inclusion of Individuals who are In this country Illegally when we calculate how the elected representatives of American cit.zens are to be apportioned among the States. I argued for the exclusion of Illegal aliens from the reapportionment count In an article I recently authored for the winter 1988 issue of the Washburn Law Journal: "The Right to Govern Is Reserved to Citizens: Counting Undocumented Aliens in the Federal Census for Reapportionment Purposes." I also joined with 40 other Members of Congress and the States of Kansas. Alabama. and Pennsylvania In a lawsuit against the Secretary of Commercewho supervises the Census Bureauwhich sought to prevent the counting of illegal aliens for reapportionment purposes. Unfortunately. the court dismissed the lawsuit on procedural grounds. without reponding to the merits of our case. This House has the opportunity today to take a firm position in support of the proposition that the right to govern in our democracy Is reserved to American citizens.