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Politics Trump’s census memo puts some Republicans in Catch-22

14:44  28 july  2020
14:44  28 july  2020 Source:   rollcall.com

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Lawsuits Filed Over Trump Memo On Census And Unauthorized Immigrants. Latest in @CQnow GOP members in three states -- Florida, Texas and California -- face a ' catch - 22 ' after Trump ' s #2020 census memorandum on undocumented immigrants.

Trump said in the memo that it will be the "policy of the United States to exclude from the Ho said he’s confident that Trump ’ s “latest attempt to weaponize the census for an attack on immigrant How about some more R29 goodness, right here?California To Give Migrants Relief AidWe Can’t Ignore

President Donald Trump’s memorandum to exclude undocumented immigrants from congressional apportionment may be bittersweet to dozens of Hill Republicans — it’s been a party priority for years but may hurt the states they represent.

a man wearing a suit and tie: Sen. Marco Rubio says including undocumented immigrants in the census results “dilutes the representation of people that are here legally and eligible to vote.” © Provided by Roll Call Sen. Marco Rubio says including undocumented immigrants in the census results “dilutes the representation of people that are here legally and eligible to vote.”

More than 40 Republicans in the House and four in the Senate represent the three largest states likely to be affected by the memo: California, Texas and Florida. Those states have more than 4.5 million undocumented immigrants, according to the most recently available Pew Research Center estimate, and could stand to lose congressional seats or not gain enough after the 2021 reapportionment.

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“In essence, to the extent that voting representation is determined by people that are here out of status, it’s sort of a Catch-22, because it would hurt Florida to the extent we have [undocumented immigrants], but at the same time it dilutes the representation of people that are here legally and eligible to vote,” Sen. Marco Rubio, R-Fla., said in an interview.

When Trump issued the memorandum last week, he argued that including undocumented immigrants in the apportionment count dilutes the representation of citizens.

“Just as we do not give political power to people who are here temporarily, we should not give political power to people who should not be here at all,” Trump said in a statement.

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Trump announced on Thursday that the portion of the Republican National Convention that had been scheduled Politically, Trump is caught between a rock and a hard place. He could have appeared The Memo is a reported column by Niall Stanage, primarily focused on Donald Trump ' s presidency.

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But the Constitution and census statute make no distinction between citizens and noncitizens in regards to the count.

Three federal lawsuits have already been filed over Trump’s memo, and the federal judges overseeing an additional two ongoing suits have asked or allowed litigants to address the memorandum.

In the meantime, Republicans may have to vote on measures related to Trump’s memorandum before the courts wrangle with its merits. Rep. Grace Meng, D-N.Y., has introduced a standalone bill to reverse the memo’s order. She told CQ Roll Call she plans to offer a similar measure as an amendment to the spending bill for the Commerce Department, which oversees the Census Bureau.

“For me this is not just about congressional seats or political power. This is basically saying all human beings are equal,” Meng said.

Democrats previously sought to use spending bills to ban the administration’s attempt to add a citizenship question to the census. House leadership has scheduled a floor vote this week on the Commerce-Science-Justice spending bill, which includes a reversal of an executive order Trump made last year to gather citizenship data using administrative records.

Trump aims to bar undocumented immigrants from counting toward House representation

  Trump aims to bar undocumented immigrants from counting toward House representation President Trump on Tuesday issued an executive order that blocks undocumented immigrants from being counted in the 2020 census for the purpose of allocating congressional representation.The order, which will almost certainly face legal challenges, amounts to something of a workaround for Trump after the Supreme Court last year blocked the administration from adding a citizenship question to the decennial survey.The rationale for the memo rests on the argument that the president has final say over transmitting the final census report to Congress and that the constitution does not explicitly define which persons must be included in determining apportionment.

The checks will instead bear Trump ’ s name in the memo line, below a line that reads, “Economic Impact Payment,” the administration officials said. The IRS will mail the checks to people for whom it does not have banking information. Many of them have low incomes.

Mr. Trump , who is in Florida for the weekend, took to Twitter to proclaim his innocence and denounce the investigation a day after the release of the highly But Republicans say the memo raises serious questions. They say the F.B.I. should have told the court that the source of some of the information

While some Republicans acknowledged it may hurt their states, they also said they’re willing to live with it. Texas Rep. Chip Roy said he thinks the administration is on solid ground — but admitted it could end up shortchanging the state as a result.

“Obviously, we want to be making sure Texas is well represented, but at the end of the day, we also need to be thoughtful about making sure we’re apportioning based on citizens and people legally present,” Roy said in an interview.

Similarly, Rep. Brian Mast, R-Fla., argued that undocumented immigrants should be in the process for removal, not included in apportionment totals.

“You could play that on a number of different ways, to find positives and negatives anywhere,” Mast said. “But they’re not the legal population. They should be under adjudication to be removed or sent back to their country of origin, rather. And if that’s the case then they shouldn’t be counted in a 10-year census.”

Republicans in Alabama have prioritized excluding undocumented immigrants from apportionment for years, and the state has an ongoing federal suit seeking to force the change in 2018. There, the state argued it may lose its seventh congressional seat in 2020 because of undocumented immigrants in states like California.

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Exactly how many seats would be affected is hard to gauge, according to reapportionment expert Kim Brace of Election Data Services. He pointed out that Trump’s memorandum gets at a different segment of the population than the citizenship question — and the data the Census Bureau is collecting as a result of last year’s president’s executive order on citizenship data.

“So anything that was done last year, like my study [on the noncitizen population] and everything else, hasn’t gone far enough to really exclude, to the extent that Trump is trying to do, all of the [undocumented immigrants] here,” Brace said.

Pew came out with its own estimate of the change last week, and it showed that Texas, Florida and California stand to lose a seat they would have otherwise been entitled to following apportionment as a result of Trump’s executive memorandum.

The Department of Homeland Security and private groups like Pew have published estimates of the undocumented population in the past, but that may not cut it. Brace pointed out that a 1999 Supreme Court decision mandates that apportionment use the actual count of persons in the United States, without sampling.

Jessica Wehrman, Jennifer Shutt and Bridget Bowman contributed to this report.

The post Trump’s census memo puts some Republicans in Catch-22 appeared first on Roll Call.

States sue Trump over order to exclude undocumented immigrants from U.S. House seat counts .
States sue Trump over order to exclude undocumented immigrants from U.S. House seat countsNEW YORK (Reuters) - A coalition of 35 U.S. states, cities and counties sued President Donald Trump on Friday over his directive not to count undocumented immigrants when apportioning seats for the House of Representatives, a move that critics have said is designed to help Republicans.

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