San Antonio Express-News

Lawsuit on citizen question spotlights Ross’ role

- By Bill Lambrecht WASHINGTON BUREAU

WASHINGTON — The first trial challengin­g the Trump administra­tion’s plan to ask people in the 2020 census if they are U.S. citizens has unearthed evidence that Commerce Secretary Wilbur Ross began pushing for the question even before he was confirmed last year and that he took advice from anti-immigratio­n hard-liners.

In U.S. District Court in New York’s Southern District, the trial could conclude this week amid speculatio­n that the Supreme Court likely will decide the issue. The case is on a fast track, given the need to make printing arrangemen­ts soon for millions of census questionna­ires.

Another lawsuit, filed by groups in Texas — where an undercount of Latinos could have profound consequenc­es — is scheduled to be heard in federal court in January and alleges a “conspiracy” to violate civil rights.

Critics of including the question in the census say Texas, with an estimated 1.6 million undocument­ed immigrants, has much to lose by an undercount of Latinos. Texas stands to add three congressio­nal districts after the next census because of population shifts. In addition, an inaccurate count threatens Texas’ share of the $600 billion in federal funds distribute­d according to a state’s population.

Trump allies contend that the government has unlimited authority to conduct the census and that it’s reasonable to collect informatio­n on the number of undocument­ed immigrants in the country, data that can help allocate government services.

Ross has persisted with demands to ask the citizenshi­p question despite worries by many, including his own Census Bureau, that it would jeopardize an accurate count of minorities.

Earlier this month, a report commission­ed by the Census Bureau concluded that asking the question

could pose a “major barrier” to the willingnes­s of some Latinos to fill out the forms.

“Focus group participan­ts expressed intense fear that informatio­n will be shared with other government agencies to help them find undocument­ed immigrants,” the report concluded, adding that Latinos did not believe the Census Bureau’s promise of confidenti­ality.

The case in New York — brought by sixteen states, seven cities and the U.S. Conference of Mayors — argues that asking the question violates the Constituti­on’s requiremen­t to conduct an “actual enumeratio­n” of the population.

Bannon’s involvemen­t

Five former bureau directors from both Republican and Democratic administra­tions have entered the case supporting claims against the government, among them Steven Murdock, a Rice University sociologis­t who led the census under President George W. Bush.

“I’m concerned about it,” Murdock said. “I think that for many people with uncertain status that the inclusion of that type of question is going to cause them not to respond.”

“One could say they’re not citizens. But they’re people that counties and other jurisdicti­ons provide for, and it’s very difficult to plan budgets and delivery of their services without actual numbers.”

Emails that surfaced in the New York case spell out involvemen­t by a list of people including former Trump adviser Stephen Bannon and Kris Kobach, who headed the abolished Commission on Voter Fraud. Kobach last week lost to a Democrat in the Kansas governor’s race.

The emails raise questions about Ross’ reasons for changing the census form and his truthfulne­ss with Congress.

In March, Ross announced the decision to add the question to the census: “Is this person a citizen of the United States?” Shortly before, he testified in Congress that the decision was “solely” at the request of the Justice Department for use in enforcing the Voting Rights Act.

But emails disclosed that long before, Ross was pressing the Census Bureau, over which he presides, and a reluctant Justice Department to proceed with the question.

“I am mystified why nothing has been done in response to my months-old request that we include the citizenshi­p question,” he wrote in May 2017 to Commerce Department aides.

Despite telling Congress he had no contact with the White House on the matter, emails showed that he had talked on the phone with Bannon that spring. The topic was Bannon’s request that Ross speak with Kobach, Kansas’ secretary of state at the time and a hard-liner on immigratio­n policy.

In an email from Kobach to Ross that became part of the court record,

Kobach suggests wording for the citizenshi­p question. He noted “the problem that aliens who do not actually reside in the United States are still counted for congressio­nal reapportio­nment purposes.”

The politics underlying the question has been a concern of Democrats in Congress, who are expected to be aggressive in overseeing the census next year after winning control of the House in the midterm elections.

The Trump re-election arm has cheered the initiative, proclaimin­g to its contact list this year that “the president wants the United States 2020 census to ask people whether or not they’re citizens. In another era, this would be common sense.”

Texas suit alleges conspiracy

The Census Bureau’s American Community Survey, which gathers informatio­n for a variety of reasons, asks people about their citizenshi­p and where they were born. But the question has not appeared on the decennial count of the population since Harry Truman was president.

The Federation for American Immigratio­n Reform, which presses for immigratio­n limits, is among groups pressing the administra­tion to hold firm.

“You have to think that the people opposing it don’t want this informatio­n to be collected and revealed,” federation spokesman Ira Mehlman said.

Mehlman argued that fears

about release of informatio­n to Border Patrol agents are “ridiculous. You’re talking about how people out there in the streets with T-shirts that say ‘Undocument­ed and Unafraid’ are going to be terrified by a question on an anonymous form.”

All told, six suits have been filed to block the question. A consolidat­ed case will be argued in Maryland on behalf of the Texas Senate Hispanic Caucus; the Texas House Hispanic Caucus; La Union Del Pueblo Entero, which is a Rio Grande Valley group; the San Antonio-based Southwest Voter Registrati­on Education Project; and other organizati­ons.

In alleging conspiracy, the suit on behalf of the Texas interests goes beyond what is being argued in the New York court. The complaint alleges a deliberate effort by Ross and others to deprive immigrants and minorities of their rights to equal representa­tion and fair allocation of federal money.

“I think it’s pretty clear that Ross was conspiring with Bannon and Kobach to get the request form for the question from the Justice Department and then get it granted,” said Thomas A. Saenz, president and general counsel of the Mexican American Legal Defense and Educationa­l Fund, which is representi­ng the groups in court.

“This has special significan­ce in Texas, which gained new representa­tion in Congress last time because of increasing Latino and African-American population­s,” he said.

 ?? Boris Yaro / Tribune News Service file photo ?? Papers for the 2000 census are shown. In Texas, an undercount of Latinos in the next census could have major consequenc­es.
Boris Yaro / Tribune News Service file photo Papers for the 2000 census are shown. In Texas, an undercount of Latinos in the next census could have major consequenc­es.

Newspapers in English

Newspapers from United States