New York Immigration Coal. v. United States Dep't of Commerce
The New York Immigration Coalition is leading a coalition of groups in a challenge to the Commerce Department’s decision to add a citizenship question to the 2020 Census. The plaintiffs argue that the Department’s decision violates the U.S. Constitution and the Administrative Procedures Act.
This case is pending in the U.S. District Court for the Southern District of New York.
A coalition of groups representing immigrant and minority communities is suing the Commerce Department, Commerce Secretary Wilbur Ross, and the Census Bureau over the Commerce Department’s decision to add a citizenship question to the 2020 Census. The suit asserts that a citizenship question would undermine the accuracy of the census and exacerbate the undercount of minority communities.
The plaintiffs allege that the Commerce Department acted with discriminatory intent towards Asian-Americans, Arab-Americans, Latinos, and immigrant communities of color in adding a citizenship question to the decennial census form. A citizenship question, the plaintiffs claim, will drive down participation by members of these communities, thereby reducing their political power and the amount of federal funding they receive. On these grounds, the plaintiffs argue, the addition of a citizenship question violates the equal protection clause of the Fifth Amendment of the U.S. Constitution.
The suit further contends that because the citizenship question will produce a systematic undercount of Latinos, Asian-Americans, Arab-Americans, and other immigrant communities of color, the question will undermine the federal government’s constitutional obligation under the Census Clause to conduct an “actual enumeration” of the national population. The suit further argues that Commerce Department’s decision to add the question violated the Administrative Procedures Act (APA) because, among other things, it violated federal law and Census Bureau policies.
The plaintiffs are asking the court to declare that the addition of the question violates the Constitution and the APA. The plaintiffs are also asking the court both to preliminarily and permanently enjoin the Commerce Department from adding the question to the census.
The court consolidated the case with New York v. United States Dep’t of Commerce for scheduling and pre-trial discovery.
On July 26, the court granted the government's motion to dismiss in part and denied it in part, dismissing the plaintiffs' claims under the Enumeration Clause, but permitting their claims under the APA and Due Process Clause to proceed. The parties must conclude fact and expert discovery by October 12.
- Complaint (June 6, 2018)
- Plaintiffs' Letter Regarding Discovery Beyond the Administrative Record (June 26, 2018)
- Plaintiffs' Letter Regarding Briefing on the Defendants' Motion to Dismiss (June 29, 2018)
- Memorandum of Law in Support of Defendants' Motion to Dismiss (June 29, 2018)
- Plaintiffs' Opposition to Motion to Dismiss (July 9, 2018)
- Defendants' Reply in Support of Motion to Dismiss (July 13, 2018)
- Order Setting Pre-Trial Timeline (July 5, 2018)
- Amicus Brief of Norman Y. Mineta, et al. in Support of Plaintiffs (July 10, 2018)
- Opinion and Order re: Motion to Dismiss (July 26, 2018)
- Plaintiffs' Request for Conference to Resolve Discovery Dispute (August 3, 2018)
- Defendants' Letter re: Conference to Resolve Discovery Dispute (August 7, 2018)
- Plaintiffs' Fourth Letter re: Discovery (August 13, 2018)
- Defendants' Letter Opposing Motion to Compel Discovery (August 15, 2018)
- Declaration of Michael Cannon re: Discovery (August 15, 2018)
- Defendants' Letter in Opposition to Plaintiffs' Motion to Compel Acting Assistant Attorney General for Civil Rights John Gore to Appear for Deposition (August 15, 2018)
- Order re: Letter Motion to Compel (August 20, 2018)
- Memorandum in Support of Motion to Amend Complaint (August 22, 2018)
- Memorandum of Law in Opposition to Amend Complaint (August 28, 2018)
- Plaintiffs' Letter Motion re: Discovery and Depose Non-Party Kris Kobach (August 30, 2018)
- Defendants' Letter Motion to Stay Discovery Pending Petition for Writ of Mandamus (August 31, 2018)
- Defendants' Answer to Second Amended Complaint (August 31, 2018)
- Plaintiffs' Fifth Letter Motion re: Discovery (August 31, 2018)
- Plaintiffs' Sixth Letter Motion re: Discovery (September 4, 2018)
- Defendants' Letter Response re: Discovery and Depose Non-Party Kris Kobach (September 5, 2018)
- Opinion and Order re: Letter Motion to Stay Discovery (September 7, 2018)
U.S. Court of Appeals for the Second Circuit (Department of Justice's Petition for a Writ of Mandamus)