The census citizenship question failed. But Alabama is seeking to exclude undocumented immigrants in apportioning congressional seats.

When the government announced plans last year to ask about citizenship on the 2020 Census, analysts inside and outside the Census Bureau warned it could scare many immigrants from being counted. The question was ultimately blocked by legal challenges.

But the fight over the census citizenship question seems to have been just one skirmish in a larger war over who deserves to be part of America’s democracy. Over the course of Donald Trump’s presidency, administration officials have signaled a desire to fundamentally alter the country’s system of representation, making it far more restrictive than ever before. In doing so, some have alluded to a lawsuit that, even if it fails, may still succeed in shaping the debate over representation.

Filed last year by the state of Alabama and Rep. Mo Brooks (R-Ala.) against the Commerce Department and the Census Bureau, it argues that the current system of apportioning congressional seats gives an unfair electoral advantage to states with more undocumented immigrants. It says immigrants should not be counted for apportionment or federal funding if they are not in the United States legally, even if they do fill out the decennial survey. A hearing is scheduled for Sept. 6.

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