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

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

DON'T MISS

Gov. Newsom Appoints Judges for Fresno, Merced Counties

DON'T MISS

Assemblymember Soria Dodges Questions About Defamation Lawsuit

DON'T MISS

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

DON'T MISS

Canadian Police Make 3 Arrests in Sikh Separatist’s Slaying That Sparked a Spat with India

DON'T MISS

Three Arrested for Trespassing, Posting Flyers at Fresno Synagogue and Church

DON'T MISS

As They Search for a Superintendent, Fresno Trustees Flunk Econ 101

DON'T MISS

Universities Negotiate End to Protests, Open Dialogue on Investment Policies

DON'T MISS

Fresno Approves Hydrogen Contract for New Buses. How Far is the Filling Station?

DON'T MISS

Heavy Rains Over Texas Have Led to Water Rescues, School Cancellations and Orders to Evacuate

UP NEXT

Merced’s Treacherous ‘Tunnel Lane’ Removed from Northbound Highway 99

UP NEXT

US Airstrike Targeting Al-Qaida Leader in Syria Killed a Farmer, American Military Says

UP NEXT

Another State Department Official Resigns Over Biden’s Gaza Policy

UP NEXT

Senators Want Limits on Government’s Use of Facial Recognition Technology for Airport Screening

UP NEXT

Biden Says ‘Order Must Prevail’ on Campuses, but He Won’t Send National Guard

UP NEXT

Police Dismantle UCLA Tent Camp, Take Pro-Palestinian Protesters Into Custody

UP NEXT

Fresno State’s Randa Jarrar Dragged Out of Event Featuring Big Bang Theory’s Mayim Bialik

UP NEXT

Trump Calls Judge ‘Crooked’ After Facing a Warning of Jail Time if He Violates a Trial Gag Order

UP NEXT

Biden’s Historic Marijuana Shift Is His Latest Election Year Move for Young Voters

UP NEXT

The Latest | In Israel, Blinken Pushes Hamas to Agree on Gaza Cease-Fire Deal

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

12 hours ago

Canadian Police Make 3 Arrests in Sikh Separatist’s Slaying That Sparked a Spat with India

12 hours ago

Three Arrested for Trespassing, Posting Flyers at Fresno Synagogue and Church

13 hours ago

As They Search for a Superintendent, Fresno Trustees Flunk Econ 101

13 hours ago

Universities Negotiate End to Protests, Open Dialogue on Investment Policies

14 hours ago

Fresno Approves Hydrogen Contract for New Buses. How Far is the Filling Station?

16 hours ago

Heavy Rains Over Texas Have Led to Water Rescues, School Cancellations and Orders to Evacuate

16 hours ago

Google, Justice Department Make Final Arguments About Whether Search Engine is a Monopoly

16 hours ago

Anchovy Feast Draws the Most Sea Lions to SF’s Fisherman’s Wharf in 15 Years

16 hours ago

Captain Sentenced to 4 Years for Criminal Negligence in Fiery Deaths of 34 Aboard Scuba Boat

16 hours ago

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

In a show of unity that has been absent in the Fresno Unified boardroom for more than a month, trustees voted 7-0 to appoint Deputy Superint...
Local Education /

9 hours ago

Local Education /
9 hours ago

FUSD Trustees Name Misty Her as Interim Superintendent. National Search Yet to Start

11 hours ago

Gov. Newsom Appoints Judges for Fresno, Merced Counties

11 hours ago

Assemblymember Soria Dodges Questions About Defamation Lawsuit

12 hours ago

Israel Briefs US on Evacuation Plan for Palestinians Ahead of Planned Rafah Assault

12 hours ago

Canadian Police Make 3 Arrests in Sikh Separatist’s Slaying That Sparked a Spat with India

13 hours ago

Three Arrested for Trespassing, Posting Flyers at Fresno Synagogue and Church

13 hours ago

As They Search for a Superintendent, Fresno Trustees Flunk Econ 101

14 hours ago

Universities Negotiate End to Protests, Open Dialogue on Investment Policies

MENU

CONNECT WITH US

Search

Send this to a friend