The Border Patrol has encountered more than 5.6 million illegal border crossers on the Southwest border during the Biden presidency, and it has released more than 2.3 million of them into the country.

Why is the Biden administration allowing this?

A possible answer can be found in an executive order that Biden signed on the first day of his presidency. It reverses former President Trump’s memorandum that excluded undocumented immigrants from the decennial census that is used to determine how many seats states will have in the House of Representatives.

Undocumented migrants tend to settle in Democratically controlled cities that have adopted sanctuary policies that protect them from the threat of deportation, so any additional seats are likely to benefit the Democrats.

Biden claims that our “elected representatives have a responsibility to represent the interests of all people residing in the United States and affected by our laws.” If congressional representatives have a responsibility to represent undocumented immigrants, though, why have they legislated statutory provisions that make them deportable? How is that representing their interests?

The interests being represented in this situation are those of the Democratic Party, not those of the illegal border crossers Biden is releasing into the country.

Process for allocating congressional seats

Article I, Section 2 of the U.S. Constitution mandates that the apportionment of representatives among the states will be carried out within every 10-year period. Apportionment is the process of determining the number of representatives each state will have in the House of Representatives.

Congress capped the number of members in the House at 435. Congressional districts have an average of 761,168 residents.

Each state receives at least one seat. The remaining seats are allocated on the basis of each state’s percentage of the total U.S. population.

The census also determines how many electoral votes the states will get for electing the president. Presidents are not elected directly by the voters; they are chosen instead by electors in what’s known as the Electoral College. States get one elector for each congressman they have, counting members in both the House and the Senate. 


Published originally on The Hill.

Nolan Rappaport was detailed to the House Judiciary Committee as an Executive Branch Immigration Law Expert for three years. He subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years. Follow him at: