A coalition of 20 states and 15 cities and counties filed suit Friday to block President Donald Trump's memo directing undocumented immigrants be excluded from the 2020 census count for purposes of deciding how many members of Congress are apportioned to each state, calling it "unlawful."
The suit, filed in New York federal court, charges that Trump's directive shows "blatant disregard of an unambiguous constitutional command" the 14th Amendment's directive that Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State."
"For 150 years since the United States recognized the whole personhood of those formerly bound in slavery the unambiguous requirement that all persons be counted for apportionment purposes, regardless of immigration status, has been respected by every executive official, every cabinet officer, and every President. Until now," the suit said.
The Trump memo, signed earlier this week, said it will be the "policy of the United States to exclude from the apportionment base aliens who are not in a lawful immigration status under the Immigration and Nationality Act."
Let our news meet your inbox. The news and stories that matters, delivered weekday mornings.
It directs Commerce Secretary Wilbur Ross, who oversees the census, to provide the president with data about the number of people who are undocumented so that when census officials present Trump with the final count, he can exclude them from the population totals used to determine how many House seats each state will have.
The lawsuit questions how the directive could feasibly be carried out, noting the administration "cannot reliably exclude undocumented immigrants from the apportionment count" because there are no accurate estimates of the undocumented population on a state-by-state basis. Any effort to remove undocumented immigrants from the census count using unreliable data is "arbitrary and capricious" and in violation of the Administrative Procedure Act, the suit said.
If the Trump move is successful, it could have a major impact on states with large numbers of undocumented residents, such as New York and California. A lower population count in the census would mean fewer seats in Congress, and potentially fewer federal dollars as well, the suit noted.
New York Attorney General Letitia James, who's leading the lawsuit, called the proclamation "the latest in a long list of anti-immigrant actions" by the president.
No one ceases to be a person because they lack documentation, which is why we filed this lawsuit," James said.
Another of the plaintiffs in the case, Michigan Attorney General Dana Nessel, called Trump's actions "a clear breach of the U.S. Constitution and a blatant attempt to politicize a non-partisan process by targeting certain groups of people and advancing a biased agenda.
The suit seeks an order declaring the president's proclamation unlawful.
The Department of Justice, which would defend the case in court, did not immediately respond to an email for comment.
The administration tried last year to add a citizenship question to the census for the first time in 60 years, but the U.S. Supreme Court blocked the move.
Dareh Gregorian is a politics reporter for NBC News.
The rest is here:
- North Korea Wants to Convince the World It Can Nuke Hawaii. Donald Trump Is Happy to Oblige. - The Intercept [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Does Donald Trump Have Dementia? - The Root [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump's peculiar obsession with authoritarian leaders - Chicago Tribune [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- 'South Park' Creators Skirt Donald Trump Next Season Because Monkey Running Into Wall Can't Be Made Funnier - Deadline [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump Has Been Lying About The Size Of His Penthouse - Forbes [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- This is the best news Donald Trump has had in a while - CNN [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- AFT President: Betsy DeVos and Donald Trump Are Dismantling Public Education - TIME [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- The Donald Trump Zone of Uncertainty shows up in the health-care debate - Washington Post [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump Predicts Mideast Peace Is 'Not As Difficult As People Have Thought' - Huffington Post [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Make America Great Again! | Donald J Trump for President [Last Updated On: May 3rd, 2017] [Originally Added On: May 3rd, 2017]
- Donald Trump Rage Tweets Against Media For Taking Seriously His Tweets - Deadline [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Roger Stone: I Hooked Up Nigel Farage With Donald Trump - Mother Jones [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Accused leaker Reality Winner called Trump an 'orange fascist' on Twitter - CNN International [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Donald Trump's Approval Rating Is Better Than Bill Clinton's at This Point in His First Term - Newsweek [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- London, Qatar, Donald Trump: Your Tuesday Briefing - New York Times [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Donald Trump Escalates Qatar Crisis - HuffPost [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- How Donald Trump Shifted Kids-Cancer Charity Money Into His Business - Forbes [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- No, Donald Trump doesn't have 110 million people following him on social media - Washington Post [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- Donald Trump is the best 2020 recruiter Democrats could hope for - CNN [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- It's Time to Demand Donald Trump's Resignation - RollingStone.com [Last Updated On: June 6th, 2017] [Originally Added On: June 6th, 2017]
- A brief history of Donald Trump's feud with Sadiq Khan, London's first Muslim mayor - Washington Post [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Donald Trump has a lot of feelings about fame - CNN [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Donald Trump Is Never to Blame - New York Times [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Donald Trump will do whatever it takes to distract you from the Comey hearing - CNN [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- President Trump's Approval Rating Hit Another New Low - TIME [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- The Potemkin Policies of Donald Trump - The Atlantic [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Jeff Sessions committed the one sin Donald Trump can't forgive - CNN [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- James Comey just went nuclear on Donald Trump - CNN International [Last Updated On: June 7th, 2017] [Originally Added On: June 7th, 2017]
- Vladimir Putin, Hillary Clinton and the true cause of Donald Trump's legitimacy crisis his own actions - Salon [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Donald Trump Proposes Covering Mexican Border Wall With Solar Panels - Futurism [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Tell Your Senators: Don't Let Donald Trump Take Our Cuba Policy Backwards - The Nation. [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Donald Trump Wrote a Cookbook - New York Times [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Donald Trump is destroying America's standing in the world and may end up destroying the world - Salon [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Donald Trump hasn't tweeted in a very long time - CNN [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Experts: Trump's Comey Firing 'Possibly Lawful, But Awful' - NBCNews.com [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Karl Rove, Erick Erickson slam Donald Trump - Salon [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- The Real Scandal Is Still Russia - Slate Magazine [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- 5 times UK Labour leader Jeremy Corbyn slammed Donald Trump - Politico [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- 9 questions Donald Trump needs to answer at today's news conference - CNN [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- So is Donald Trump secretly recording conversations or not? - CNN [Last Updated On: June 9th, 2017] [Originally Added On: June 9th, 2017]
- Watch Donald Trump Throw Binders Full of Highway Environmental Reviews on the Floor - Slate Magazine (blog) [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- This week in Donald Trump's conflicts of interest: Kushner may have problems, but Trump's hotel raises lots of questions - Salon [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- Historian Ruth Ben-Ghiat: Donald Trump looks like Mussolini but can be overcome - Salon [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- This One Tweet May Lead to Donald Trump's Impeachment - National Review [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- Fact Check: Donald Trump's Claims About Infrastructure - New York Times [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- The Worst of Donald Trump's Toxic Agenda Is Lying in Wait A Major US Crisis Will Unleash It - The Intercept [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- Boy Scout James Comey is no match for Donald Trump - Washington Post [Last Updated On: June 10th, 2017] [Originally Added On: June 10th, 2017]
- Justice Department: Trump Can Take Payments From Foreign Governments - TIME [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Marc Kasowitz, Donald Trump's lawyer, has clients with Kremlin ties - The Denver Post [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Yes, Donald Trump is an incompetent buffoon but he's still a major threat to democracy - Salon [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Democrats bet on Trump in Virginia governor's race - Politico [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Will Donald Trump's anti-Muslim words on travel ban hurt his case? - USA TODAY [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Donald Trump's State Visit To The UK Now In Doubt - HuffPost [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Donald Trump Jr.: There's 'no ambiguity' in my father's orders - CNN [Last Updated On: June 11th, 2017] [Originally Added On: June 11th, 2017]
- Ivanka condemns Donald Trump's 'vicious critics' - BBC News [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump Surrogate Lays Out POTUS Case For Sacking Special Counsel Robert Mueller - Deadline [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Russia, Theresa May, Donald Trump: Your Tuesday Briefing - New York Times [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump in Wonderland: Literally everything our president says and does reflects the opposite of reality - Salon [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump Is Turning Young Voters Off the GOPand Maybe Forever - Daily Beast [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Trump's Own Tweets Help Kill His Government's Travel Ban, Again - Fortune [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump's Approval Rating Sinks Further As Disapproval Hits Record High - Newsweek [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- When Jeff Sessions met Donald Trump: The origins of an alliance now strained - Washington Post [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump just held the weirdest Cabinet meeting ever - CNN [Last Updated On: June 13th, 2017] [Originally Added On: June 13th, 2017]
- Donald Trump to mayor of island sinking due to climate change: Don't worry about it! - Salon [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Trump son tweet connects shooting to NYC 'Julius Caesar' play - CNN [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Newt Gingrich, Donald Trump Jr. rush to blame Kathy Griffin and the left for baseball shooting - Salon [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Donald Trump's Biggest Mistake Might Have Been Getting Elected - Vanity Fair [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Congress Shooter Is Dead - TMZ.com [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Trump faces first big domestic moment - Politico [Last Updated On: June 14th, 2017] [Originally Added On: June 14th, 2017]
- Tiny mark on Melania Trump's birthday card to Donald Trump sparks wild theories - AOL [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Donald Trump Is Now Facing Three Emoluments Lawsuits - Slate Magazine [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Play Video - TIME [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Donald Trump Blocked Me on Twitter for Telling Him He's Not as Cool as Witches - Newsweek [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Senate passes Russia sanctions bill, pushing back against Trump - CNN [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Australian leader is on the hot seat for making fun of Donald Trump - Washington Post [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Flattery is Donald Trump's cocaine he's addicted to it - USA TODAY [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Moving to Scuttle Obama Legacy, Donald Trump to Crack Down on Cuba - New York Times [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Donald Trump doesn't get the special counsel investigation. And he's never going to. - CNN [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Memo to Donald Trump: The election ended 219 days ago. You won. - CNN [Last Updated On: June 16th, 2017] [Originally Added On: June 16th, 2017]
- Who in the White House Will Turn Against Donald Trump? - The New Yorker [Last Updated On: June 17th, 2017] [Originally Added On: June 17th, 2017]