Every 10 years, the Census Bureau counts all people in the United States, regardless of their immigration status. That total is then used as the basis to figure out how many congressional seats each state gets. The 14th Amendment says congressional seats should be apportioned based on simply the number of “persons.”

However, Alabama is suing the Trump administration to force the Census Bureau not to count undocumented people as part of the tally used to determine how many seats in Congress each state gets. The plaintiffs in the suit argue that apportionment should exclude immigrants and be based on only the citizen population.

Jeffrey Wice, a Washington lawyer who has worked with Democrats on redistricting issues, said the case could go to the Supreme Court. He added that it was “fiction” that the Founding Fathers intended to exclude undocumented people from the census.

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