The 14th Amendment to the Constitution provides that “representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.”
This text is unambiguous. With a narrow exception for some Native Americans, all persons within the United States must be counted in the decennial census. And all persons must be counted when representation is allocated to states in the House of Representatives.
https://www.vox.com/2020/7/22/21332879/trump-immigration-census-unconstitutional-supreme-court-constitution-14th-amendment
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