Legal path for citizenship question on census unclear
Trump: Executive order possible
WASHINGTON — The Justice Department said Friday it will press its search for legal grounds to force the inclusion of a citizenship question on the 2020 Census, hours after President Donald Trump said he is “very seriously” considering an executive order to get the question on the form.
Trump said his administration is exploring a number of legal options, but the Justice Department did not say exactly what options remain now that the Supreme Court has barred the question at least temporarily.
The government has already begun the process of printing the census questionnaire without that question.
The administration’s focus on asking broadly about citizenship for the first time since 1950 reflects the enormous political stakes and potential costs in the once-adecade 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. It also reflects Trump’s interest in reshaping how congressional districts are drawn.
“You need it for Congress, for districting,” he said Friday. “How many people are there? Are they citizens? Are they not citizens? You need it for many reasons.”
Districts now are based on the total population. Some Republicans want them based on the population of eligible voters, a change that could hurt the Democratic Party by excluding immigrants. The Supreme Court has left open the issue of whether districts based only on the population of eligible voters is constitutional.
Trump, speaking as he departed the White House for a weekend in New Jersey, said he might take executive action.
“It’s one of the ways that we’re thinking about doing it, very seriously,” he said.
An executive order would not, by itself, override court rulings blocking the inclusion of the citizenship question. But such an action from Trump would perhaps give administration lawyers a new basis to try to convince federal courts that the question could be included.
“Executive orders do not override decisions of the Supreme Court,” Thomas Saenz, president and general counsel of the Mexican American Legal Defense and Educational Fund, said in a statement Friday.
Later Friday, Justice Department lawyers formally told U.S. District Judge George Hazel in Maryland the administration is not giving up the legal fight to add the citizenship question to the next census. But they also said it’s unclear how they will proceed, according to a court filing.
“They still say they don’t have clear instructions on what to do,” said Saenz, who took part in a conference call with the judge and lawyers for both sides in one of three lawsuits seeking to keep the question off the census. The other two are in New York and California.
Hazel had expressed mounting frustration with the mixed signals the administration was sending, first telling him on Tuesday that the question was off only to have Trump tweet the next day that the administration was “absolutely moving forward” with efforts to include the question.