Supreme Court to weigh Trump plan to exclude non-citizens from census

Elias Hubbard
October 19, 2020

The U.S. Supreme Court on Friday said that it will determine whether or not President Donald Trump can cut undocumented immigrants out of the U.S. Census-based redistricting process.

The justices put the case on a fast track, setting arguments for December.

A three-member panel of federal judges in NY rejected that argument in September, ruling that Mr. Trump's proposed changes are unlawful.

With the only opposition by Judge Sonia Sotomayor, the Supreme Court order paved the way for the office to try to meet the statutory deadline of Dec.31 to inform the president about the state's new population.

Last month, prof Lower court ruling He blocked Trump's bid, calling a presidential memorandum calling for this unprecedented change illegal.

Once states are allocated the districts, the states themselves draw the districts, which will be used first in the 2022 congressional election. The federal court panel said as long as undocumented citizens reside in a region, they must be counted.

The July 21 memo, which is at the center of the case, stated that "it is the policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status", for the goal of the reapportionment of Congress members following the 2020 census.

A year ago the high court in a 5-4 decision rejected the Trump administration's plan to include a citizenship question on the census. The latter number would be used to apportion congressional seats.

The Supreme Court wants to give the Trump administration an opportunity to explain why adding probing citizenship questions to the 2020 census is necessary.

They alleged the policy could also deter people from participating in the census and argue that it violates both the Constitution and the Census Act, a federal law that outlines how the census is conducted.

Until the 14th Amendment was ratified in the 1860s, enslaved African Americans were counted as three-fifths of a person for the purposes of congressional apportionment.

If the Supreme Court rules to uphold the President's memorandum, some states such as California could stand to lose representatives. Last summer, the high court blocked the administration from adding a question on USA citizenship to the census questionnaires. The information gathered from the questionnaire helps determine representation in Congress based on states' respective populations, as well as the allocation of federal government funding.

Other reports by Click Lancashire

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