• Sofiia Skrypkar

U.S Supreme Court Looks at Trump’s Lawsuit to Exclude Illegal Immigrants from U.S Census Court

On Monday, November 30, 2020, the U.S Supreme Court is scheduled for an argument hearing concerning Trump v. New York. The lawsuit concerns a policy outlined by President Donald J. Trump which ordered: “to exclude from the apportionment base aliens who are not in a lawful immigration status under the Immigration and Nationality Act.”

Since then, the American Civil Liberties Union, the New York Solicitor General, and several immigrant rights groups have challenged the legality of the policy. Appellees of the lawsuit argue that to change the procedure of the decennial census would be unconstitutional. The Constitution explicitly states that the “actual enumeration” of the “whole number of persons” in the United States must be taken into account with the census, which is broad enough to be interpreted as the total population of the United States regardless of citizenship.They also argue that excluding undocumented immigrants from Congressional District Reapportionment would sow distrust about the census as well as significantly decrease representatives from predominantly immigrant states.

After being granted the motion to expedite the case, President Donald J. Trump is ready to argue the merits of his case. In previous court statements, the Department of Justice Solicitor General has claimed that the President acted within his Constitutional power. In a reply brief, the President claimed “nothing in text, history, or precedent requires the President to include all illegal aliens” as part of Congressional reapportionment.

A conservative majority on the Supreme Court may cause Trump’s policy to be held up. However, earlier this year the Supreme Court did not support Trump’s policy that would add a citizenship question to the 2020 census.

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