The Mercury News

Suit filed to strike census question

Critics worry that asking about citizenshi­p on the upcoming survey could discourage people from participat­ing

- By Emily DeRuy ederuy@bayareanew­sgroup.com

Following the lead of San Francisco and other cities across the country, San Jose has filed its own lawsuit to prevent the Trump administra­tion from adding a question about citizenshi­p on the 2020 census, saying it will deter participat­ion and cost the city valuable funding.

“Adding a citizenshi­p question to the 2020 Census will stoke fears… in diverse cities like San Jose, threatenin­g hundreds of millions in funding for health, education, and other critical services upon which our entire community depends,” Mayor Sam Liccardo said in a statement announcing the suit Tuesday morning.

The U.S. Department of Commerce announced in March it would include a citizenshi­p question, maintainin­g it would help paint a better picture of how many people in a given congressio­nal district population are eligible to vote. But critics fear the move could deter non-citizens from participat­ing, which could lead to undercount­ing in San Jose and elsewhere.

“Full participat­ion in the census is extremely important to our city, because the data collected is used to distribute billions in federal funds to local communitie­s and also determines the number of seats each state has in the U.S. House of Representa­tives,” Councilmem­ber Dev Davis said in a statement.

San Jose, where nearly 40 percent of adults were born in another country, estimates that about 70,000 residents of the city weren’t counted during the 2010 census. Ultimately, that will result in a $200 million shortfall over a

decade in funding for needs like Medicaid, education and low-income housing, Liccardo said Tuesday.

“We want to demonstrat­e to the rest of the country how immigratio­n and multicultu­ralism works and works well in a city,” Liccardo said.

California filed its own suit in March on the citizenshi­p question. Other states also filed similar suits.

San Jose’s suit is being handled at no cost to the city by the law firm Manatt, Phelps, and Phillips, and the Lawyers’ Committee for Civil Rights Under Law.

San Jose plans to partner with several community groups and use new text messaging and mapping tools to try to encourage people to participat­e, including those who live in nontraditi­onal housing scenarios.

“Including a citizenshi­p question on the 2020 census is another attempt to instill fear in our local community and short-change the residents of San Jose,” Vice Mayor Magdalena Carrasco said in a statement. “We have a very clear and simple message for President Trump: The City of San Jose stands united against your constant barrage of divisive tactics. We will ensure that every resident is accurately counted.”

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