Missouri Attorney General Catherine Hanaway filed a first-in-the-nation lawsuit to block the census from counting illegal aliens.
AG Hathaway is also calling for a census recount.
In her announcement on Friday, Hathaway says Missouri is suing the census bureau for unconstitutionally allowing illegal aliens to commandeer the path to the White House and compromise the nation’s elections.
United States citizens have a right to representation, NOT illegal aliens. United States citizens should decide electoral votes and congressional seats, NOT illegal aliens.
We are suing @uscensusbureau for unconstitutionally allowing illegal aliens to commandeer the path to The… pic.twitter.com/UzU4UIF74V
— Attorney General Catherine L. Hanaway (@AGCHanaway) January 30, 2026
Hanaway says the current system is unfair and the State of Missouri and its voters can no longer ignore the ongoing denial of their right to self-government and fair representation.
From her statement:
The DOC and the Census Bureau’s current policy of counting illegal aliens in the census tabulation is unjust, unlawful, and unconstitutional. Attorney General Hanaway is demanding a Census recount and that the Court prohibit the inclusion of illegal aliens in the Census.
Federal representation is being stolen from states who uphold immigration law, including Missouri, and transferred to sanctuary states who artificially inflate their population by harboring illegal aliens. Attorney General Hanaway will not allow open-border states like California, New York, Illinois, Massachusetts, New Jersey, and Maryland to steal an estimated 11 congressional seats, 11 electoral votes, and billions of dollars in funding.
Prior to the 1980 Census, the Carter Administration unilaterally decided that all illegal aliens and temporary visa holders should be counted in the decennial Census and included in the apportionment of congressional representation. The framers of the Constitution and the Fourteenth Amendment would have been shocked by this policy. They could never have imagined an absurd system where 15 million illegal alien trespassers would receive representation in Congress and the Electoral College.
In July of 2020, President Trump issued a memorandum requiring the Secretary of Commerce to exclude illegal aliens from the decennial apportionment base, even though illegal aliens were counted in the 2020 Census. California and New York immediately sued against the President’s action. Ultimately, the Supreme Court vacated all the injunctions, but these legal delays opened the door for the Biden Administration to reverse course and include illegal aliens in the apportionment base for federal representation.
If President Trump had succeeded in excluding illegal aliens from the 2021 apportionment, Missouri would have received an extra congressional seat and an extra vote in the Electoral College. Instead, the Biden Administration hijacked the representation of Missourians by reversing the Trump Administration’s action.
The inclusion of illegal aliens robs Missouri and its citizens of federal funding and private funding that they would otherwise receive.
Hanaway told Clay Travis and Buck Sexton on Friday, “If we win, not only will 11 House seats be reallocated from places like California to places like Missouri, but with those House seats also go electoral votes.”
.@AGCHanaway to @ClayTravis and @BuckSexton on Missouri’s suit to stop the Census Bureau from counting illegal aliens: “If we win, not only will 11 House seats be reallocated from places like California to places like Missouri, but with those House seats also go electoral votes.” pic.twitter.com/Pj8lEJKqib
— The Clay Travis & Buck Sexton Show (@clayandbuck) January 30, 2026
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