Hagerty appeared on Fox Business Friday to support the legislation, which would end the practice of counting all residents of a state—regardless of citizenship status—in the decennial census, which is used to determine congressional apportionment.
Fox Business host Ashley Webster let out a concerned huff and then asked: “Is it constitutionally legal to do that?”
Sen. Hagerty on his legal rationale for not counting undocumented immigrants in the census: "There's a constitutional interpretation I think that has been misapplied that goes back to slavery days and what portion of a person is going to be counted." pic.twitter.com/zhrCLTciEp
— Aaron Rupar (@atrupar) August 15, 2025Not done making ludicrous statements in support of his bill, Hagerty went on to claim it was “not the intent of Founding Fathers” to count undocumented immigrants.
But the Framers, even while including the Three-Fifths Compromise, conspicuously opted to use the term “persons,” rather than “citizens,” to describe who was to be counted. In 1866, when the Fourteenth Amendment did away with the compromise, members of Congress chose to include noncitizens as well, deciding that apportionment populations include “the whole number of persons in each State.”
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