New York Daily News

Everybody counts, Don

Fed court rules prez can’t stop census from tallying undocument­ed

- BY JOHN ANNESE

President Trump doesn’t have the authority to prevent the census from counting undocument­ed immigrants, federal judges ruled Thursday.

The ruling, issued by a three-judge panel in Manhattan Federal Court, strikes down an order issued by Trump in July widely criticized as an effort to hold down the voting power of minorities.

Thursday’s decision can be appealed directly to the Supreme Court.

The once-in-a-decade census, required by the Constituti­on, determines among other things how congressio­nal district maps are drawn.

“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 noncitizen and whether living here with legal status or without,” the judges wrote.

The judges did not rule on whether Trump’s order was unconstitu­tional. Instead, they noted that Trump’s order exceeded authority granted him under federal law.

“The merits of the parties’ dispute are not particular­ly close or complicate­d,” the judges said.

The decision comes after state Attorney General Letitia James joined a coalition of states and advocates to sue over Trump’s order.

Trump’s effort to add a citizenshi­p question to the census was rejected by the Supreme Court in June 2019.

James called the ruling a

“major victory.”

“No one ceases to be a person because they lack documentat­ion, period,” she tweeted Thursday night.

Trump’s anti-immigrant views may have already had an impact on the count, say

state officials.

Lawyers in James’ office said last month that immigrants have been telling census workers they don’t trust the federal government and don’t see the point in providing informatio­n.

The city Law Department also hailed the ruling Thursday.

“The constituti­on is clear: Every person must be counted in the census. Every. Person,” Corporatio­n Counsel James Johnson said.

 ??  ?? Manhattan Federal Court decision on Thursday sets stage for an appeal to the Supreme Court.
Manhattan Federal Court decision on Thursday sets stage for an appeal to the Supreme Court.

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