Missouri AG Sues Census Bureau Over Undocumented Immigrant Count

Lawsuit claims counting undocumented immigrants distorts political representation.

Jan. 30, 2026 at 12:55pm

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The Missouri Attorney General has filed a federal lawsuit against the U.S. Census Bureau, arguing that the counting of undocumented immigrant populations for the purpose of drawing U.S. House districts violates the Constitution and principles of representative government. The lawsuit seeks an injunction to stop factoring in undocumented immigrants into congressional district counts, and a judgment to strip their populations from the 2020 census.

Why it matters

This lawsuit represents an ongoing political battle over how undocumented immigrants should be counted for the purposes of congressional redistricting and political representation. Critics argue it unfairly inflates the political power of states with larger undocumented populations, while supporters say excluding them would undercount diverse communities.

The details

Attorney General Catherine Hanaway filed the lawsuit, claiming the Census Bureau's policy of counting undocumented immigrants violates the Constitution. Hanaway argues undocumented immigrants should be treated like foreign visitors, not counted for apportionment purposes. The lawsuit alleges this has distorted representation, benefiting states like California and New York which have larger undocumented populations.

  • The lawsuit was filed on Friday, January 30, 2026.

The players

Catherine Hanaway

The Missouri Attorney General who filed the federal lawsuit against the U.S. Census Bureau.

U.S. Census Bureau

The federal agency responsible for conducting the decennial census, whose policy of counting undocumented immigrants is being challenged in the lawsuit.

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What they’re saying

“This case concerns whether the People still retain the right of self-government -- or whether aliens who trespass into the United States can hijack control of our Republic's system of representation.”

— Catherine Hanaway, Missouri Attorney General

What’s next

The judge in the case will decide whether to grant the injunction requested by the Missouri Attorney General to stop the Census Bureau from counting undocumented immigrants for congressional redistricting purposes.

The takeaway

This lawsuit reflects the ongoing political debate over how undocumented immigrants should be counted for the purposes of political representation and redistricting. The outcome could have significant implications for the balance of power in the U.S. House of Representatives.