According to a report signed by the POTUS, the undocumented immigrants would be exempted from the decennial reapportionment. This major decision could cost a couple of states their seats in the Congress. Most critics are of the belief that there is no stable method through which the President and his cabinet can simply erase and add immigrants at will. They also think that this order won’t probably hold up in court.
But if the order does stand up, it would mean a loss of one seat each for California,Texas, and Florida. Incidentally, the next round of appointments would lead to Texas gaining three seats in Congress, and Florida two. But if this law comes on board, both these states will get 2 and 1 each.
The Constitution requires apportionment to be based on “the whole Number of free Persons,” not including “Indians not taxed.”
California is all set to lose one of its seats in the Congress from the 53 seats it has. Accordingly, if Trump’s order passes by, it will lose two seats. Alabama, Minnesota, and Ohio are likely to keep the seats which they might lose if Trump’s order holds up in court.