Please ensure Javascript is enabled for purposes of website accessibility
Judges: Trump Can't Exclude Undocumented Residents When House Districts Redrawn
gvw_ap_news
By Associated Press
Published 4 years ago on
September 12, 2020

Share

ORLANDO, Fla. — Saying the president had exceeded his authority, a panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn.

According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented — one with the total count and the other minus people living in the country illegally.

The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets.

According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented — one with the total count and the other minus people living in the country illegally.

The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution.

“Throughout the Nation’s history, the figures used to determine the apportionment of Congress — in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State — have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote.

The Judges Agreed With the Coalition That the Order Created Confusion Among Undocumented Residents

Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources.

The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court.

The judges agreed with the coalition that the order created confusion among undocumented residents over whether they should participate in the 2020 census, deterring participation and jeopardizing the quality of the census data. That harm to the census was a sufficient basis for their ruling and they didn’t need to rely on the speculation that a state would be hurt by possibly losing a congressional seat if people in the country illegally were excluded from apportionment, the judges said.

The head count of every U.S. resident, which which helps determine the distribution of $1.5 trillion in federal funding as well as apportionment, is set to wrap up at the end of September.

“This is the most blatantly unconstitutional act I’ve ever encountered in years litigating the federal government,” Dale Ho, director of the ACLU’s Voting Rights Project, one of the group’s that challenged the order, said in an interview.

Photo of instructions on how to fill out the 2020 census
FILE – In this Aug. 13, 2019, file photo a worker gets ready to pass out instructions in how fill out the 2020 census during a town hall meeting in Lithonia, Ga. Facebook says it won’t allow interference with the U.S. census on its platform, including posting misleading information about when and how to participate, who can participate and the consequences of taking part. (AP Photo/John Amis, File)

The Lawsuits Said There Was No Reliable Method for Counting People in the U.S. Illegally

New York Attorney General Letitia James noted that the federal court in New York also had ruled against the Trump administration in its failed attempt to add a citizenship question to the 2020 census. That case went to the Supreme Court which blocked the citizenship question from being added.

“The courts have ruled in our favor on every census matter in the last two years and continually rejected President Trump’s unlawful efforts to manipulate the census for political purposes,” James said.

After Trump issued the order in July, around a half dozen lawsuits around the U.S. were filed by states, cities, immigrant advocates and civil rights groups challenging its legality and constitutionality.

The New York case is the first to get a ruling, but there are other issues the New York judges didn’t address that could be addressed in the other court cases. Those include whether the order violated governmental administrative procedures and whether the Census Bureau will have to use a statistical method to calculate who is in the country illegally. The Supreme Court has ruled that method, sampling, can’t be done for apportionment numbers.

The lawsuits said there was no reliable method for counting people in the U.S. illegally and the order would have diminished the accuracy of the census.

An analysis by Pew Research Center showed that California, Florida and Texas would end up with one less congressional seat if people in the country illegally were excluded from apportionment. Alabama, Minnesota and Ohio would each keep a congressional seat they most likely would have lost if the presidential order were enforced, according to the Pew analysis.

The Commerce Department didn’t respond to an emailed inquiry.

DON'T MISS

Crescent View West High Celebrates New Clovis Home

DON'T MISS

Fresno Man Sentenced to 29 Years for Sexually Assaulting Children and Dog

DON'T MISS

Bulldogs’ Two-Position Standout Tommy Hopfe Signs With Rockies

DON'T MISS

Artists, Vendors Plan to Defy City’s ArtHop Crackdown

DON'T MISS

Former Bulldog QB Jake Haener: I Have a ‘Rare Form of Skin Cancer’

DON'T MISS

The Many Names of GOP Vice Presidential Nominee JD Vance

DON'T MISS

‘Fed Up’ Dyer, Councilmembers Unveil Plan to Crack Down on Street Campers

DON'T MISS

House Republicans Slam Trump’s ‘Worst Choice’ for VP Pick JD Vance

DON'T MISS

Companies Cut Prices to Boost Sales, Consumers Respond

DON'T MISS

Stay Cool, Fresno!

UP NEXT

The Many Names of GOP Vice Presidential Nominee JD Vance

UP NEXT

Warner Bros. Discovery Sues NBA for Not Accepting Its Matching Offer

UP NEXT

Netanyahu Will Meet Trump at Mar-a-Lago, Mending a Yearslong Rift

UP NEXT

Watch: Breaking Down Netanyahu’s Speech in Congress

UP NEXT

Recall of Boar’s Head Deli Meats Announced During Investigation of Listeria Outbreak

UP NEXT

Uvalde, Texas, School Officer Pleads Not Guilty to Charges of Failing to Protect Kids During Attack

UP NEXT

Spicy Dispute Over the Origins of Flamin’ Hot Cheetos Winds up in Court

UP NEXT

Harris Tells Netanyahu ‘It Is Time’ to Get Hostage Deal Done and End Gaza War

UP NEXT

Biden and Netanyahu Meet With a Show of Amiable Relations Despite Tensions

UP NEXT

Fresno County Sheriff Thanks Community for Their Help in Finding Relatives of Deceased Man

Artists, Vendors Plan to Defy City’s ArtHop Crackdown

6 hours ago

Former Bulldog QB Jake Haener: I Have a ‘Rare Form of Skin Cancer’

7 hours ago

The Many Names of GOP Vice Presidential Nominee JD Vance

8 hours ago

‘Fed Up’ Dyer, Councilmembers Unveil Plan to Crack Down on Street Campers

8 hours ago

House Republicans Slam Trump’s ‘Worst Choice’ for VP Pick JD Vance

8 hours ago

Companies Cut Prices to Boost Sales, Consumers Respond

8 hours ago

Stay Cool, Fresno!

9 hours ago

Warner Bros. Discovery Sues NBA for Not Accepting Its Matching Offer

9 hours ago

Tanker Plane Crash Kills Firefighting Pilot in Oregon as Western Wildfires Spread

9 hours ago

Will Bonta Election Lawsuit Reverse the Will of Fresno County Voters?

9 hours ago

Crescent View West High Celebrates New Clovis Home

The arch of colorful balloons over the doorway of a storefront on Shaw Avenue in Clovis was a clue that something exciting was happening on ...

5 hours ago

5 hours ago

Crescent View West High Celebrates New Clovis Home

6 hours ago

Fresno Man Sentenced to 29 Years for Sexually Assaulting Children and Dog

6 hours ago

Bulldogs’ Two-Position Standout Tommy Hopfe Signs With Rockies

6 hours ago

Artists, Vendors Plan to Defy City’s ArtHop Crackdown

7 hours ago

Former Bulldog QB Jake Haener: I Have a ‘Rare Form of Skin Cancer’

8 hours ago

The Many Names of GOP Vice Presidential Nominee JD Vance

8 hours ago

‘Fed Up’ Dyer, Councilmembers Unveil Plan to Crack Down on Street Campers

8 hours ago

House Republicans Slam Trump’s ‘Worst Choice’ for VP Pick JD Vance

MENU

CONNECT WITH US

Search

Send this to a friend