The U.S. Supreme Court heard an argument Tuesday regarding Trump v. New York, wherein President Donald Trump appeals to exclude illegal immigrants from congressional apportionment counts.

This count decides how many lawmakers will represent each state in Congress. Trump argued that including illegal immigrants and many temporary visa-holders in apportionment counts dilutes the congressional representation of American citizens who live in states with small populations of illegal aliens.

However, Democrat Joe Biden said the Constitution requires that illegal immigrants be included in apportionment counts.

In a statement, the former vice president said he hopes the Supreme Court does the right thing.

"And, Congress must give the experts at the Census the time to make sure everyone gets counted accurately. Let everyone be counted and let us begin the work to heal and unite our nation," he added.

Two lower courts in California and Maryland have already ruled that illegal immigrants should be included in the counts.

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According to a Breitbart report, three federal judges had ruled that illegal immigrants must be counted, a setback for the Trump administration.

Excluding Illegal Immigrants

Trump issued in July a memorandum to exclude illegal immigrants when it comes to congressional apportionment counts.

By doing so, it would ensure American citizens to receive proper representation in Congress without being minimized by apportionment counts inflated by illegal immigrants' population, as reported by Breitbart.

Congressional seats and electoral college votes are currently being separated by counting all persons in each district, including illegal aliens.

It would allow states such as California, Florida, and New York to receive more congressional seats and electoral college votes. However, this would dilute the political power in states with small illegal immigrants' population.

If the illegal immigrants are included in congressional apportioning, states like Alabama, Georgia, Arkansas, Idaho, and Iowa are seen to lose congressional seats.

The same goes for Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Utah, and West Virginia.

U.S. Circuit Judge Richard Wesley, Judge Peter Hall, and District Judge Jesse Furman ruled last week that excluding illegal immigrants in congressional apportionments is unlawful.

Wesley and Hall are both appointed by former president George W. Bush, while former president Barack Obama appointed Furman.

Illegal Immigrants Census

The American Civil Liberties Union filed a lawsuit weeks after Trump's memorandum. ACLU filed the case with other open border advocacy groups.Alabama's lawsuit is still in process.

It aims to exclude illegal immigrants from congressional apportionment for the reason it dilutes the representation of states.

The Bishops of the United States have reiterated their stance of opposing Trump's plan to exclude illegal immigrants in population counts that will determine the allocation of seats of the House of the Representatives, as reported by Herald Malaysia.

Meanwhile, the United States Census Bureau is expected to release an estimate on the citizen, legal residents, and illegal alien populations soon. These data will be used for congressional apportionment and dividing up electoral college votes.

As of now, approximately 11 million to 22 million illegal immigrants are living in the United States, according to a Breitbart report. The Census estimates the numbers based on current legal and illegal immigration levels.