Note: The Brennan Center is not a participant in this case.
The New York Immigration Coalition led a coalition of groups in a challenge to 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 argued 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.
A coalition of groups representing immigrant and minority communities sued 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 contended that the President’s July 21, 2020 memorandum on excluding undocumented immigrants from the state-population totals used to calculate the state apportionments violated constitutional and statutory requirements that the President include all persons in the congressional apportionment base, irrespective of citizenship or immigration status. The plaintiffs also contended that the memorandum violates the constitutional right to equal protection because it denies undocumented immigrants “personhood” under the Constitution and was motivated “by a bare desire to harm immigrant communities of color, and particularly Latinx communities, by reducing their political clout and access to federal resources.”
The suit further argued 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 asked the court to declare that the exclusion of undocumented immigrants from congressional apportionment violates the Constitution and federal law. The plaintiffs also asked 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.
On August 4, 2020 this case was consolidated with New York v. Trump.
On September 10, the district court granted the plaintiffs’ motion for summary judgment and enjoined the federal government from implementing the memorandum.
The federal government has appealed that decision to the Supreme Court.
- Complaint (July 24, 2020)
- Order (July 28, 2020)
- Order (August 4, 2020)
- First Amended Complaint (August 5, 2020)
- Order (August 5, 2020)
- Plaintiffs' Request for a Statutory Three-Judge Court (August 5, 2020)
- Request to the Chief Judge of the U.S. Court of Appeals for the Second Circuit (August 7, 2020)
- Memorandum of Law in Support of Plaintiffs Motion for Partial Summary Judgment or Preliminary Injunction (August 7, 2020)
- Order (August 10, 2020)
- Amicus Brief of Members of Congress in Support of Plaintiffs (August 14, 2020)
- Amicus Brief of 16 Businesses and Business Organizations in Support of Plaintiffs (August 14, 2020)
- Amicus Brief of Historians in Support of Plaintiffs (August 14, 2020)
- Amicus Brief of League of Women Voters in Support of Plaintiffs (August 14, 2020)
- Order (August 14, 2020)
- Memorandum of Law in Support of Defendants' Motion to Dismiss (August 19, 2020)
- Amicus Brief of Immigration Reform Law Institute in Support of Defendants (August 20, 2020)
- Plaintiffs' Consolidated Memorandum of Law in Opposition to Defendants' Motion to Dismiss (August 25, 2020)
- Order (August 27, 2020)
- Defendants' Reply in Support of their Motion to Dismiss (August 28, 2020)
- Opinion and Order (September 10, 2020)
- Defendants' Motion to Stay Pending Appeal (September 16, 2020)
- Plaintiffs' Opposition to Motion to Stay (September 23, 2020)
- Opinion and Order (September 29, 2020)
U.S Supreme Court (Case No. 20-366)
- Jurisdictional Statement (September 22, 2020)
- Motion to Expedite Consideration of the Jurisdictional Statement (September 22, 2020)
- Appellee's Opposition to Motion to Expedite (September 28, 2020)
- Reply in Support of Motion to Expedite Consideration (September 29, 2020)
- Amicus Brief of Citizens United, Citizens United Foundation, and the Presidential Coalition in Support of Appellants (October 2, 2020)
- Amicus Brief of Immigration Law Reform Institute in Support of Appellants (October 6, 2020)