On July 21, 2020, the Trump administration announced its intention to exclude undocumented aliens from the census count used for the interstate apportionment of the House of Representatives (and, therefore, the Electoral College).1 In response, the State of New York immediately sued to enjoin the Trump Administration from making such an exclusion. On December 18, 2020, the U.S. Supreme Court vacated the judgment of the United States District Court for the Southern District of New York in favor of New York and dismissed the suit as not yet ripe for adjudication.2
Appearing on behalf of the Trump Administration, Acting Solicitor General Jeffrey Wall argued “that at least some illegal aliens” should be excluded from the apportionment base because they “lack enduring ties to the states.”3 He had persons in ICE detention in mind. When asked how many there might be, Wall responded
I pressed the deputy director...