Speech #1010088033

Speaker. I rise today In strong opposition to the Ridge motion to Instruct. which this body is considering today In conjunction with the CommerceStateJustice appropriations bill. Our colleagues from Pennsylvania would have us exclude undocumented residents from the apportionment base beginning in the 1990 census. The most unjust effect of this amendment would be its effect excluding many recent Immigrants who were beneficiaries of the 1986 Immigration reform and control from the apportionment base. Many Individuals who qualified for temporary resident alien status are now In the process of securing permanent status. and denying them representation In Congress would not only be unconstitutional. but would exclude them from full participation in our democracy. These Individuals fully believe in our system of government and now are now In the process of seeking permanent status as a prelude to applying for naturalization. Temporary residents. refugees. and political asylees would also be excluded from the apportionment base. A strict Interpretation of the applicable provision of the U.S. Constitution Indicates the adoption of the proposed amendment violates the spirit of that document and would be unconstitutional. The current policy of counting undocumented residents is strongly rooted In the provisions of the 14th amendment. which states that representatives are elected to represent the people. not the citizens. of the States. The specific language states the House of Representatives Is to be reapportioned among the States based on the "whole number of persons." Unlike other parts of the Constitution which make clear distinction between rights granted to citizens and noncitizens. this provision does not. It Is clear that this proposal is put forth by our colleagues from Pennsylvania exclusively in their selfinterest. Estimates of where the majority of undocumented individuals presently reside Indicate they mostly live in the States of California. Texas. Florida. and New York. Speculation of how redistricting plans may be drafted after the 1990 census abounds. and surely our colleagues from Pennsylvania are aware of their States congressional representation Is expected to diminish. Aside from the fact that my State of Texas clearly has an Interest in the inclusion of undocumented residents In the apportionment base. I strongly believe that these Individuals deserve representation in Congress out of a sense of fairness. Proponents of this amendment have also introduced freestanding legislation in this body similar to this amendment.