Sen. Bill Hagerty, R-Tenn., will introduce legislation next week that would put a citizenship question on the census to prevent non-citizens from being counted for congressional apportionment — amid a surge of migrants in recent years due to the ongoing border crisis.

The Equal Representation Act, a draft of which was obtained by Fox News Digital, would require a citizenship question to be put on the decennial census asking whether the respondent is a citizen, a resident non-citizen or an illegal immigrant.

The bill would then require that the census not count those who are non-citizens for the apportionment of congressional districts. Currently, all people who take the census, including resident non-citizens and illegal immigrants, are counted for redistricting.

It would apply to the census conducted in 2030 and beyond.

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Former President Donald Trump had tried to include a citizenship question on the census but had been rebuked by the Supreme Court, saying the reasoning was insufficient. Trump had considered using an executive order to put the question on the census, but ultimately it went ahead without one.

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