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The question of whether the Trump administration can ask questions about citizenship in the 2020 census was the subject of a lawsuit Monday in Manhattan, in a legal battle full of immigration policy and ramifications on the real world of counting the American population.
The plaintiffs – the states of New York, Illinois, Iowa, Virginia and others; cities like New York and Philadelphia; and immigrant rights groups – say the inclusion of the citizenship issue will make some people less likely to respond to the census, leading to inaccurate counting and the potential loss of billions of dollars in federal funding.
"These well-documented risks of adding a per capita citizenship claim to the decennial census are exacerbated in the current political climate because of President Trump's anti-immigrant rhetoric and the policy and action model of that." administration that targets immigrant communities "applicants have written in legal documents.
The Trump administration states that the citizenship issue is lawful, as the constitution allows the government to decide how to conduct the census. The question of citizenship will also help to enforce the 1965 Voting Rights Act, which is supposed to protect the rights of minority voters.
On Monday in federal court in Manhattan, the plaintiffs called as first witness D. Sunshine Hillygus, a professor at Duke University, specialist in investigative methods. Dr. Hillygus said research, including that of the Census Bureau, showed that asking questions about citizenship would lead to undercoverage among non-citizens and Hispanics.
"A citizenship question will make it much more difficult to conduct the census," said Dr. Hillygus.
During cross-examination, a Justice Department lawyer suggested to Ms. Hillygus to be biased, noting that she had called the question "absolutely horrible" and had used the initials "WTH" in a slide show. about this in March.
"W.T.H. represents what is hell, "said the lawyer to the judge. "I beg your pardon, your honor."
The government did not ask about citizenship in its 10-year survey, although it was asked about citizenship in a smaller survey of a segment of the population. The data collected during the census are used to allocate congressional seats and allocate funds to government programs, including Medicaid.
The Justice Department repeatedly tried to stop the trial and on Friday the US Supreme Court refused to defer it. Earlier, the High Court had temporarily blocked the testimony of Secretary of Commerce Wilbur Ross Jr.
Among the issues raised in the case is Mr. Ross's motivation to add the question. At a congressional hearing in March, Mr. Ross stated that he had not discussed the issue of citizenship with anyone in the White House.
Last month, the Justice Department said in court that Mr. Ross had recalled that former presidential adviser, Steve Bannon, had called him in the spring of 2017 to ask him if he would talk about to Kris Kobach, Secretary of State of Kansas, known for his radical views on immigration. , on adding a question on citizenship. The submission also indicated that Mr. Ross had discussed the citizenship issue with Attorney General Jeff Sessions.
The verdict of the trial, which will be decided by the judge, will probably be appealed and may reach the Supreme Court.
In New York, citizenship issues became disproportionately important as advocacy groups and elected officials held town halls and campaigned on the issue.
New York Attorney General Barbara Underwood, who witnessed the start of the trial, told the courthouse Monday that depressing the charge could depress federal funding. for the state.
Before the trial began, several dozens of lawyers holding placards gathered outside the courthouse in the rain. "Who counts? We count! They chanted, holding placards for immigrants.
Write to Corinne Ramey at [email protected]
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