'MAGA Act' could rip House seats from Dem states ahead of next presidential race

FIRST ON FOX: A new House GOP proposal targeting the nation's congressional map could kneecap blue states and dramatically change their representation on Capitol Hill.

Rep. Andrew Clyde, R-Ga., is introducing legislation that would only count citizens when deciding how many House representatives each state gets, called the Make Apportionment Great Again (MAGA) Act.

It would be a fundamental change in congressional representation across the country, particularly hitting states where the most noncitizens live. The U.S. census has traditionally sought to count all people living within the country's borders, regardless of citizenship or even lawful status.

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California Gov. Gavin Newsom and New York Gov. Kathy Hochul could see their states lose congressional seats under a new House GOP proposal. (Sean Rayford/Getty Images; Adam Gray/AP Photo/Bloomberg via Getty Images)

According to the U.S. census website, immigrants — both citizens and noncitizens — make up a fifth of the population in California, New Jersey, New York and Florida. Illegal immigrants living in sanctuary jurisdictions are also in theory counted by the census.

A 2024 report by the Center for Immigration Studies (CIS) said immigrants, both legal and illegal, resulted in a "net increase" of 14 seats in Democrat-leaning states. Republican states had 10 fewer seats than they otherwise would have, the report said.

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The legislation would not require a new census after 2020, instead forcing states to rely on existing records to reapportion by sometime in 2027.

It would, however, add a new question to the 2030 census, asking people whether they are a U.S. citizen, U.S. national but not a citizen, an alien lawfully residing in the United States, or an alien unlawfully residing in the United States.

Close-up of someone holding a letter from the Census Bureau regarding the 2020 Census, in San Ramon, Calif., April 24, 2020. (Smith Collection/Gado/Getty Images)

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But Clyde's bill could see a significant legal battle in the courts, even if passed.

The 14th Amendment to the Constitution states that House seats will be apportioned after "counting the whole number of persons in each State," not specifying citizenship status. It could invite challenges from pro-immigrant groups and left-wing organizations that have long been critical of GOP election efforts.

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Clyde's bill comes after a video clip resurfaced in July that appears to show Rep. Yvette Clarke, D-N.Y., claiming she needs more immigrants in her district "just for redistricting purposes."

The video, from a 2021 House Foreign Affairs Committee briefing, shows longtime Democrat Clarke suggesting that the local Haitian community in Brooklyn could "absorb a significant number of these migrants."

"When I hear my colleagues talk about, you know, the doors of the inn being closed, no room in the inn, I’m saying, you know, I need more people in my district, just for redistricting purposes and those members could clearly fit here," said Clarke.

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Clarke's office did not respond to a request for comment at the time by Fox News Digital.

Elizabeth Elkind is a politics reporter for Fox News Digital leading coverage of the House of Representatives. Previous digital bylines seen at Daily Mail and CBS News.

Follow on Twitter at @liz_elkind and send tips to elizabeth.elkind@fox.com