The State of California – along with several California cities and the Los Angeles Unified School District - are challenging President Trump’s attempt to exclude undocumented immigrants from the state-population totals that are produced by the 2020 Census and used for apportioning seats in the U.S. House of Representatives and votes in the Electoral College. The plaintiffs argue that a July 21, 2020 White House memorandum directing the Commerce Secretary to report data on undocumented immigrants to President Trump violates the U.S. Constitution, the federal Census Act, and other federal law.
This case is pending in the U.S. District Court for the Northern District of California.
The State of California, three California cities, and the Los Angeles Unified School District are suing President Donald Trump, Secretary of Commerce Wilbur Ross, the Department of Commerce, the Census Bureau, and Census Bureau Director Steven Dillingham, arguing that the exclusion of undocumented immigrants from the 2020 Census state-population totals used for apportioning congressional seats and Electoral College votes is unconstitutional and otherwise illegal.
The plaintiffs contend that the President’s July 21, 2020 memorandum on excluding undocumented immigrants from the state-population totals used to calculate the state apportionments violates constitutional and statutory requirements that the President include all persons in the congressional apportionment base, irrespective of citizenship or immigration status. The suit further argues that the memorandum violates separation-of-powers principles and that the President’s decision to exclude undocumented immigrants from the apportionment base without reliable data to do so is “arbitrary and capricious” under the Administrative Procedure Act.
The plaintiffs are asking the court to declare that the exclusion of undocumented immigrants from congressional apportionment violates the Constitution and federal law. The plaintiffs are also asking the court to bar the Commerce Department and the Census Bureau from transmitting any data regarding citizenship or immigration status to the President for apportionment purposes and to order the President to include all residents of the states, including undocumented immigrants, when he calculates the apportionments.
- Complaint (July 28, 2020)