How Apportionment Defrauds American Citizens The inclusion of noncitizens, including illegal aliens, in the population used to determine apportionment means that many Americans—and states—are being defrauded of their fair share of representation in Congress. Pictured: People gather in front of the U.S. Supreme Court as decisions are handed down on June 27, 2019, in Washington, D.C. (Photo: Mark Wilson/Getty Images) Commentary By Hans von Spakovsky is a senior legal fellow at The Heritage Foundation, a former commissioner on the Federal Election Commission, and former counsel to the assistant attorney general for civil rights at the U.S. Department of Justice. He is a member of the board of the Public Interest Legal Foundation.