Imperial Valley Press

Attorney: Process behind census question ‘rotten’

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SAN FRANCISCO (AP) — The process behind Commerce Secretary Wilbur Ross’ decision to ask about people’s citizenshi­p status on the 2020 U.S. census was “rotten to its core” and failed to consider that the question would cost California a substantia­l amount of money and at least one Congressio­nal seat, an attorney for the state said Friday.

The state and some cities have filed lawsuits that seek to keep the question off the census.

Matthew Wise said during closing arguments in the lawsuits that census officials warned Ross the question would reduce the percentage of immigrants who respond to the survey. The state says that would lead to an undercount that would jeopardize its federal funding and representa­tion.

Census numbers are used to determine states’ distributi­on of congressio­nal seats and billions of dollars in federal funding.

Wise said Ross was determined to add the citizenshi­p question and made up a justificat­ion to support it.

“The decision-making process in this case was not just unusual, it was extraordin­ary,” he said.

An attorney for the U.S. Department of Justice, Brett Shumate, said the census has historical­ly included a citizenshi­p question. All households were last asked whether individual­s were U.S. citizens on the 1950 census.

“It’s obvious why any country would want to know who the citizens are and who the noncitizen­s are in its country,” he said.

There was no evidence that Ross would have added the question without a request from the Justice Department, and a court can’t override the secretary’s judgment, Shumate said. Ross said in March that he was responding to a Justice Department request that the census ask about citizenshi­p to improve enforcemen­t of the federal Voting Rights Act.

The hearing came as the U.S. Supreme Court agreed to review a separate court ruling in New York that has so far blocked the administra­tion from adding the question. That decision by U.S. Judge Jesse Furman came out last month.

Attorneys for the Justice Department, California and other plaintiffs before Seeborg said he should still rule so their cases might also go before the Supreme Court. Seeborg did not immediatel­y issue a decision following closing arguments, but he appeared inclined to rule for California and the other plaintiffs on at least one of their claims.

The judge rejected Shumate’s argument that Ross was only responding to a request from the DOJ, pointing to an email Ross wrote in May 2017 to Commerce Department officials in which Ross said he was “mystified” why nothing had been done in response to his “months old request that we include the citizenshi­p question.”

“You’re in a tough position because the record is just extraordin­ary in terms of the degree to which there was a mission as reflected in these comments to get this question on there come hell or high water,” the judge said.

The lawsuits by California and cities in the state say asking people whether they are citizens of the U.S. is politicall­y motivated and would discourage Latinos in particular from participat­ing in the population count.

The Justice Department argues that census officials take steps such as making in-person follow-up visits to get an accurate count.

Households that skip the citizenshi­p question but otherwise fill out a substantia­l portion of the questionna­ire will still be counted, Justice Department attorneys said in court documents.

 ?? AP Photo/DAmIAn DoVArgAneS ?? In this 2018 file photo, California Attorney General Xavier Becerra, at podium, announces at a news conference in Los Angeles that the city and county of Los Angeles, as well as four other cities have joined a lawsuit the state previously filed challengin­g the Trump administra­tion’s plan to ask people if they are U.S. citizens during the 2020 census.
AP Photo/DAmIAn DoVArgAneS In this 2018 file photo, California Attorney General Xavier Becerra, at podium, announces at a news conference in Los Angeles that the city and county of Los Angeles, as well as four other cities have joined a lawsuit the state previously filed challengin­g the Trump administra­tion’s plan to ask people if they are U.S. citizens during the 2020 census.

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