Rep. Mo Brooks (R-AL) says the counting of illegal aliens when dividing up congressional seats and electoral college votes is a violation of the 14th Amendment to the United States Constitution.

Brooks, along with the state of Alabama, are suing the federal government for their counting of illegal aliens, rather than citizens, in congressional apportionment and the dividing up of electoral college votes.

In an exclusive interview with SiriusXM Patriot Channel’s Breitbart News Saturday, Brooks revealed that should the Congress continue dividing up congressional seats and electoral college votes based on all persons in each district—including illegal aliens—rather than the number of American citizens, that the state of Alabama is set to lose a congressional seat.

Brooks said:

We’re probably in the neighborhood of about 15 million illegal aliens in America now. 15 million comes out to roughly 20 congressional seats and 20 electoral college votes. Each congressional seat has roughly 700,000 to 800,000 people in it. [Emphasis added]

So, if you count illegal aliens in the Census for the purposes of distributing political power, that’s the number of congressmen per state or … the number of electoral college votes per state, you’re talking about … 20 electoral college votes and congressmen that are taken from states that follow our laws, that help our border patrol agents, and help our ICE agents … shifting those 20 congressional seats and 20 electoral college seats to states like California that have large numbers of illegal aliens in them. [Emphasis added]

I personally believe that’s wrong, on a policy level, but I also believe it violates the Equal Protection clause of the 14th Amendment to the United States Constitution because it dilutes the voting power of citizens who live in states that don’t harbor an enormous number of illegal aliens. [Emphasis added]

Listen to the full interview here:

As Breitbart News has reported, the counting of only American citizens to divide up congressional districts and electoral college votes would shift power away from the affluent, metropolitan coastal cities of the U.S. and towards middle America.

For example, California has an estimated three million illegal aliens, a total of about 5.3 million noncitizens, and a total population of about 39.5 million residents. Currently, California has 53 congressional seats, the most in the country.

If California’s congressional districts were set by the number of citizens in the state, it would potentially lose three to five congressional seats, leaving the state with about 48 to 50 seats.

Breitbart News Saturday is broadcast live on SiriusXM Patriot Channel 125 from 10:00 a.m. – 1:00 p.m. Eastern.

John Binder is a reporter for Breitbart News. Follow him on Twitter at @JxhnBinder.