Santa Fe New Mexican

How Commerce’s Ross shaped census debate

Trump’s secretary promised to negotiate trade deals, but citizenshi­p question for 2020 count became his chief priority

- By Michael Wines NEW YORK TIMES FILE PHOTO

WWASHINGTO­N ilbur Ross had been Commerce secretary for less than three months, and he was growing impatient. The billionair­e investor entered office promising to renegotiat­e trade deals. But he had another, less visible priority: adding a question about citizenshi­p status to the 2020 census, which the Commerce Department supervises.

“I am mystified that nothing has been done in response to my months-old request that we include the citizenshi­p question,” he groused in a May 2017 email to an aide tapped out on his iPhone. “Why not?”

Ross’ tenacity paid off. In March he announced that the next census would in fact ask respondent­s whether they are U.S. citizens. The backlash was immediate, with experts saying the question would deter immigrants and minorities from responding, leaving them badly undercount­ed. Lawsuits by state attorneys general, advocacy groups and a host of cities quickly followed.

Pressed on whether partisan politics colored considerat­ion of the question, Ross said in sworn testimony to Congress in March that he was responding “solely” to a Justice Department request for data to enforce the 1965 Voting Rights Act. He also said he knew of no talks with the White House about the matter. But that story has since unraveled. Internal government documents produced in the principal lawsuit on the issue, in New York, show Ross pressured the Justice Department to request the citizenshi­p question, not the other way around. They also show the involvemen­t of President Donald Trump’s chief strategist at the time, Steve Bannon, in the discussion­s. After Bannon requested that Ross “talk to someone about the census,” Ross met with Kris Kobach, a fierce immigratio­n opponent whom Trump had appointed to a panel on voter fraud.

The federal judge in the main lawsuit ordered Ross to testify under oath, stating that “his intent and credibilit­y are directly at issue,” but last month the Supreme Court at least temporaril­y blocked the testimony. Another deposition of a senior Justice Department official who worked with Ross on the question went ahead as scheduled.

The lawsuit, which goes to trial Monday, could have profound ramificati­ons. Census figures determine not only where hundreds of billions of dollars in federal funds are spent, but how the House of Representa­tives — and by extension, the Electoral College — and other political districts are remapped every decade to reflect population changes. Because immigrants and minorities disproport­ionately vote Democratic, a depressed head count could also expand Republican Party control when new political boundaries are drawn in 2021. While Ross has insisted that there is no clear evidence that the citizenshi­p question would deter people from filling out census forms, the Census Bureau’s own researcher­s repeatedly have found just that. In a memo last fall and in summaries of focus groups this spring, they noted that a wide range of ethnic minorities had voiced fears that the government would use citizenshi­p informatio­n to persecute or even deport them — and one group with Vietnamese heritage even abandoned a focus group after learning that the next census would ask about citizenshi­p.

“There’s no question that reapportio­nment would be affected by a citizenshi­p question, and it’s hard to believe the administra­tion doesn’t know it,” said Phil Sparks, a codirector of the nonpartisa­n Census Project, an alliance of groups with a stake in an accurate population count. “This is a political and partisan move on the part of the Trump administra­tion to try to stack the deck on the census.”

Many critics see the question as the opening volley in an emerging conservati­ve campaign to eliminate noncitizen­s entirely from population counts used for redistrict­ing. The 14th Amendment requires the House to be apportione­d based on “the whole number of persons in each state,” and the Supreme Court has long ruled that the “whole number” includes noncitizen­s.

Asked for comment, the Commerce Department said this month that nothing in the documents contradict­ed the rationale Ross offered to Congress in March.

“Executive branch officials discussing important issues prior to formulatin­g policy is evidence of good government,” a department spokesman, Kevin Manning, said. The court documents “reinforce that executive branch officials worked together to ensure that Secretary Ross received all of the informatio­n necessary to make an informed decision.”

Ross sought help early on the citizenshi­p question. But when Earl Comstock, Ross’ head of policy and strategic planning, asked the Justice Department, he was rebuffed by its top immigratio­n law adviser, James McHenry.

 ??  ?? Commerce Secretary Wilbur Ross, appearing at a news conference in Hawesville, Ky., on Aug. 22, announced in March that the 2020 U.S. census would ask respondent­s whether they are American citizens.
Commerce Secretary Wilbur Ross, appearing at a news conference in Hawesville, Ky., on Aug. 22, announced in March that the 2020 U.S. census would ask respondent­s whether they are American citizens.

Newspapers in English

Newspapers from United States