The Census and Undocumented Aliens: A Constitutional Account

Testimony Before the House Committee on Post Office & Civil Service, presented at Eastern Michigan University, Ypsilanti, Ml, June 24, 1988. You have asked me to address the question of whether the Constitution requires that undocumented aliens be counted in the 1990 census. My conclusion is that the Constitution probably requires that undocumented aliens who have established a residence in the United States be counted for purposes of apportioning representatives among the states.