Home / NEWS / Politics / Supreme Court will hear Trump appeal to exclude undocumented immigrants from census count

Supreme Court will hear Trump appeal to exclude undocumented immigrants from census count

President Donald J. Trump droves a Make America Great event in Greenville, NC United States on October 15, 2020.

Peter Zay | Anadolu Agency | Getty Perceptions

The Supreme Court said Friday that it will hear arguments on Nov. 30 on an appeal by the Trump administration that seeks to exclude the counterpart of undocumented immigrants in the United States from the census data used to calculate the apportionment of congressional districts.

The appropriate came three days after the Supreme Court issued a decision that allowed the Trump administration to end line operations for the 2020 census effective that day, even as the 9th Circuit Court of Appeals still considers a pending appeal that requests to extend the count.

If the Trump administration wins the appeal regarding undocumented immigrants, states with relatively sizeable numbers of such immigrants could lose seats in the House of Representatives.

A federal appeals court in Manhattan in September barred the administration from excluding undocumented residents from the count determining congressional apportionment, two months after President Donald Trump advertised his plan to do so.

The appeals court noted in its ruling that throughout American history, the census tally of people in each regal used to determine how many seats a state gets in the House of Representatives has “included every person residing in the Coalesced States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without.”

The invites court noted that Trump’s own memorandum outlining the new plan identified a state, believed to be California, “that last will and testament stand to lose two or three seats in the House of Representatives if illegal aliens are excluded from the apportionment base.”

A clique of 22 states, the District of Columbia and 15 cities and counties, as well as the United States Conference of Mayors and a reckon of nongovernmental organizations had challenged the Trump administration on the plan.

The appeals court agreed that Trump exceeded his hegemony under the census law.

That law, the court noted, requires the secretary of Commerce to report a single set of numbers — the tally of the come to population of the United States — to the president, who is in turn “required to use the same set of numbers in connection with apportionment.”

“By directing the Secretary to purvey two sets of numbers, one derived from the decennial census and one not, and announcing that it is the policy of the United States to use the latter in family with apportionment, the Presidential Memorandum deviates from, and thus violates, the statutory scheme,” the appeals court state.

“Second, the Presidential Memorandum violates the statute governing apportionment because, so long as they reside in the United States, wrongful aliens qualify as ‘persons in’ a ‘State’ as Congress used those words.”

The Supreme Court recently said it make continue hearing cases remotely due to the coronavirus pandemic for at least the rest of the calendar year.

Check Also

Pelosi, Mnuchin speak about broad stimulus bill as White House sends mixed signals

U.S. Resources Secretary Steve Mnuchin speaks during a news conference to announce the Trump administration’s …

Leave a Reply

Your email address will not be published. Required fields are marked *