Census

Today, Common Cause amended its challenge to President Trump’s memorandum requiring the exclusion of undocumented people from being counted in the census for congressional apportionment, adding new co-plaintiffs and new causes of action. The amended complaint in Common Cause v. Trump now includes the City of Dayton, Ohio; the City of Portland, Oregon, five new organizational plaintiffs, and a total of sixteen (16) additional individual plaintiffs of diverse backgrounds from California, Texas, and New Jersey (in addition to preexisting individual plaintiffs from Florida and New York). 

Americans expect and deserve more from their President in the midst of a pandemic and an economic crisis than a photo op and phony posturing at a golf club. Unwilling and unable to negotiate with Congress to deliver a relief package to a nation reeling from COVID-19, President Trump resorted to unconstitutional half measures that will do little to address the serious issues facing the nation.

The Census is the bedrock of our democracy, and we cannot afford to politicize the count. But that is exactly what political appointees to the Census Bureau are doing in reversing course and shortening the enumeration period against the recommendations of career staff who insisted they required additional time to conduct an accurate census count during the COVID-19 pandemic. 

Americans expect and deserve elected representatives who put the interests of their constituents and the health of our democracy first – especially when both are threatened by a pandemic. But instead, the Senate Republicans’ long-overdue COVID-19 relief package undermines the accuracy of the 2020 census, gives corporations the immunity they’ve lobbied for, slashes weekly jobless aid, and short-changes our democracy all in one fell swoop. Senate foot-dragging on this relief package already allowed the eviction moratorium in the CARES Act to expire – likely adding disenfranchisement to the host of life-altering problems faced by thousands of newly-homeless Americans.

But even if it is likely the directive would lose in court, it is necessary to seek an immediate block to the directive because it could affect the 2020 Census count that is underway, said Kathay Feng, Common Cause’s national director of redistricting and representation. “It could affect response because most immigrant families have a mix of people of different status,” she said. The directive could also affect the Census Bureau’s process in deciding which households to go to, Feng said. Instead of attempting to count every household in the United States, she said, the bureau could “only go to households which they think fall into the category that the president wants counted.”

Groups led by Common Cause, a government watchdog group, have filed the first federal lawsuit against the Trump administration in response to President Trump's call to make an unprecedented change to the population numbers used to divide up seats in Congress among the states. The complaint was filed in U.S. District Court for the District of Columbia on Thursday, two days after Trump issued a memo calling to exclude unauthorized immigrants from the constitutionally mandated count of every person living in the country that is used to redistribute seats in the House of Representatives.