States object to census question on citizenship
California sues over question on citizenship
The Trump administration’s move to ask about citizenship in the next census worries some states that immigrants might dodge the 2020 survey and put representation and federal money at risk.
California filed a lawsuit against the Trump administration Tuesday for adding a citizenship question to the 2020 Census, the latest volley in a feud between Sacramento and Washington over federal immigration policies.
The Commerce Department announced late Monday that it would resume the long-abandoned practice of asking all U.S. households about citizenship during the Census, which is taken every 10 years. Commerce Secretary Wilbur Ross said that information is needed to enforce the Voting Rights Act, which protects minority voters.
California Attorney General Xavier Becerra, who filed the lawsuit, and others argue that asking people whether they are citizens is not only unconstitutional but also would intimidate immigrants — legal and illegal — and result in a dramatic undercount of minority communities.
Census data are used to distribute billions of federal dollars for schools, roads, hospitals and other social services. The information also is used to apportion seats in Congress, meaning states with high numbers of minorities could lose seats in the House of Representatives if people are afraid to respond to the Census.
California, home to more than 10 million foreign-born residents, could be hit particularly hard. Many have at least one undocumented immigrant in their household.
“An accurate count of everyone living in the United States is vital to our democracy,” Sen. Dianne Feinstein, D-Calif., said Tuesday. “Adding a question designed to depress participation in certain communities is an assault on the foundations of this country.”
Former U.S. attorney general Eric Holder, now with the National Democratic Redistricting Committee, said
he would sue the administration to block the question from the Census. And New York Attorney General Eric Schneiderman said he would lead a multistate lawsuit to do the same.
California’s suit was the first filed and sets up another clash between Becerra, a former Democratic House member, and Attorney General Jeff Sessions, a former Republican senator.
Becerra has repeatedly used the courts to challenge the Trump administration over its wide-ranging efforts to crack down on illegal immigration.
In January, a federal judge ordered the Department of Homeland Security to restart the Deferred Action for Childhood Arrivals (DACA) program, which protected from deportation nearly 800,000 undocumented immigrants brought to the country as children.
Becerra had sued, along with the California University System and several California cities, after Homeland Security tried to shut down the program.
In September, Becerra’s office sued to halt any expansion of the southern border wall, arguing that the Trump administration sidestepped Congress and ignored environmental laws by trying to push a rapid expansion of the proposal. Building a border wall was one of Trump’s signature campaign promises.
Several California cities got another victory in April when a federal judge ruled the Trump administration overstepped its authority when it threatened to withhold federal grants from “sanctuary cities” that do not fully comply with federal immigration policies.
The administration has responded forcefully to California’s actions.
Sessions traveled to Sacramento this month to announce a lawsuit against the state’s sanctuary cities laws.
California has been a flash point in the immigration debate since Trump was elected.
Last month, Oakland Mayor Libby Schaaf became a target of the administration when she warned residents of upcoming raids by Immigration and Customs Enforcement agents.
ICE Deputy Director Thomas Homan said the mayor allowed hundreds of “dangerous criminal aliens” to evade capture.