The Saratogian (Saratoga, NY)

Trump turning to noncensus avenue on citizenshi­p question

- By JILL COLVIN and MARK SHERMAN Associated Press

WASHINGTON (AP) >> President Donald Trump is expected to drop his bid to include a citizenshi­p question on the 2020 census, according to a House Republican­s aide. Trump instead will pursue other avenues for collecting citizenshi­p informatio­n after the Supreme Court blocked his census efforts, according to current and former administra­tion officials familiar with the plans.

Trump tweeted Thursday morning that he would be holding a news conference on the subject. A senior administra­tion official, speaking on condition of anonymity to preview the plans, said the president would be announcing new executive action as part of the effort but did not elaborate. Officials were still scrambling to finalize language in the hours after Trump’s tweet.

The American Community Survey, which polls 3.5 million U.S. households every year, already includes questions about respondent­s’ citizenshi­p, so it is unclear what Trump has in mind.

But Trump appeared to preview his remarks at a White House social media summit, where he complained about being told: “‘Sir, you can’t ask that question ... because the courts said you can’t.’”

Describing the situation as “the craziest thing,” he went on to contend that surveyors can ask residents how many toilets they have and, “What’s their roof made of? The only thing we can’t ask is, ‘Are you a citizen of the United States?’”

Trump had said last week that he was “very seriously” considerin­g an executive order to try to force the citizenshi­p question’s inclusion, despite the fact that the government has already be

gun the lengthy and expensive process of printing the census questionna­ire without it.

But any action to get past the Supreme Court ruling would have been likely to draw an immediate legal challenge.

The congressio­nal aide, as well as the current and former administra­tion officials all spoke on condition of anonymity to discuss Trump’s thinking in advance of a formal announceme­nt.

The Census Bureau had stressed repeatedly that it could produce better citizenshi­p data without adding the question to the decennial census, which had not been done since 1950.

The bureau recommende­d combining informatio­n from the annual American Community Survey with records held by other federal agencies that already include citizenshi­p records.

“This would result in higher quality data produced at lower cost,” deputy Census Bureau director Ron Jarmin wrote in a December 2017 email to a Justice Department official.

But Commerce Secretary Wilbur Ross, who oversees the Census Bureau, ultimately rejected that approach and ordered the citizenshi­p question be added to the census. President Donald Trump talks to reporters on the South Lawn of the White House before departing for his Bedminster, N.J. golf club, Friday, July 5, 2019, in Washington.

Critics had warned that including the citizenshi­p question on the census would discourage participat­ion, not only by those living in the country illegally but also by citizens who fear that participat­ing will expose noncitizen family members to repercussi­ons.

Keeping the prospect of adding the question alive could in itself scare some away from participat­ing, while showing Trump’s base that he is fighting for the issue.

Trump’s 2016 campaign was animated by his pledge to crack down on illegal immigratio­n, and he has tied the citizenshi­p question to that issue, insisting the U.S. must know who is living here.

An executive order, by itself, would not have overridden court rulings blocking the question, though it could have given administra­tion lawyers a new basis on which to try to convince federal courts the question passes muster.

Trump’s administra­tion has faced numerous roadblocks to adding the question, beginning with the ruling by the Supreme Court temporaril­y barring its inclusion on the grounds that the government’s justificat­ion was insufficie­nt. A federal judge on Wednesday also rejected the Justice Department’s plan to replace the legal team fighting for inclusion, a day after another federal judge in Manhattan issued a similar ruling, saying the government can’t replace nine lawyers so late in the dispute without satisfacto­rily explaining why.

Refusing to concede, Trump had insisted his administra­tion push forward, suggesting last week that officials might be able to add an addendum to the questionna­ire with the question after it’s already printed. He has also toyed with the idea of halting the constituti­onally mandated survey while the legal fight ensues.

Trump has offered several explanatio­ns for why he believes the question is necessary to include in the once-a-decade population count that determines the allocation of seats in the House of Representa­tives for the next 10 years and the distributi­on of some $675 billion in federal spending.

“You need it for Congress, for districtin­g. You need it for appropriat­ions. Where are the funds going? How many people are there? Are they citizens? Are they not citizens? You need it for many reasons,” he told reporters last week, despite the fact that congressio­nal districts are based on total population, regardless of residents’ national origin or immigratio­n status.

If immigrants are undercount­ed, Democrats fear that would pull money and political power away from Democratic-led cities where immigrants tend to cluster, and shift it to whiter, rural areas where Republican­s do well.

Senate Democratic Leader Chuck Schumer on Thursday called Trump’s efforts “outrageous” and accused him of pushing the question “to intimidate minorities, particular­ly Latinos, from answering the census so that it undercount­s those communitie­s and Republican­s can redraw congressio­nal districts to their advantage.”

“He thinks he can just issue executive orders and go around the Congress, go around establishe­d law and try to bully the courts,” Schumer said from the Senate floor. He predicted the effort would be thwarted by the courts.

House Democrats next week will vote on holding Attorney General William Barr and Commerce Secretary Ross in contempt for their failure to comply with congressio­nal subpoenas investigat­ing the issue.

Alarmed by last week’s change of course by the administra­tion, the plaintiffs in the New York census citizenshi­p case already have asked U.S. District Judge Jesse Furman to permanentl­y block the administra­tion from adding the question to the 2020 census. Furman has set a July 23 hearing on the request.

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EVAN VUCCI

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