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Politics Supreme Court will rule on Trump's plan to exclude undocumented immigrants from House apportionment

00:50  17 october  2020
00:50  17 october  2020 Source:   usatoday.com

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The Supreme Court on Tuesday cleared the way for the Trump administration to end field operations for the 2020 census, temporarily halting a lower In a separate case related to the census, the Trump administration is asking the Supreme Court to allow it to exclude undocumented immigrants from

A federal court ruled on Thursday that President Trump ' s order to exclude undocumented immigrants from census numbers for apportioning congressional district is unlawful.

WASHINGTON – The Supreme Court agreed Friday to decide if the Trump administration can exclude undocumented immigrants from census calculations used to apportion seats in the House of Representatives for the next decade.

The action follows President Donald Trump's issuance of a memorandum in July advising that millions of undocumented immigrants should not be counted when it comes to deciding each state's share of the 435 seats in the House of Representatives.

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President Donald Trump to exclude people who are in the United States illegally from representation when apportioning congressional seats. "President Trump ' s repeated attempts to hinder, impair, and prejudice an accurate census and the subsequent apportionment have failed once again," New

Excluding undocumented immigrants likely would reduce the number of House seats in states such as California, Texas, Florida and New York, benefiting states with few immigrant communities.

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The justices will hear the case on Nov. 30.

Led by New York, a coalition of 22 states and 15 cities filed suit against Trump's policy, and a federal district court ruled in September that it was unlawful. The three-judge panel said it served to deter immigrant households from responding to the census count.

text, letter: FILE - This April 5, 2020, file photo shows an envelope containing a 2020 census letter mailed to a U.S. resident in Detroit. The Supreme Court’s decision to allow the Trump administration to end the 2020 census was another case of whiplash for the census, which has faced stops from the pandemic, natural disasters and court rulings. (AP Photo/Paul Sancya, File) ORG XMIT: NYAG102 © Paul Sancya, AP FILE - This April 5, 2020, file photo shows an envelope containing a 2020 census letter mailed to a U.S. resident in Detroit. The Supreme Court’s decision to allow the Trump administration to end the 2020 census was another case of whiplash for the census, which has faced stops from the pandemic, natural disasters and court rulings. (AP Photo/Paul Sancya, File) ORG XMIT: NYAG102

The Justice Department asked the Supreme Court to reverse that decision, and challengers countered that it should be affirmed or the justices should hear the case.

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Court blocks Trump order to exclude undocumented immigrants from census count. The court ruled his order violates the federal laws that establish how congressional seats are apportioned . Apportionment is the process of deciding how many members in the House of Representatives each

President Trump signed a memorandum Tuesday that will bar undocumented immigrants from being used to determine congressional apportionment and Electoral College votes.The decision is legally dubious, as the Constitution specifically says the census counts "persons" to determine House seats

"Since the Founding, the population base used to apportion seats in the House of Representatives has never excluded any resident based on immigration status," they argued. "This unbroken practice is not only tradition; it is compelled by both statutory and constitutional mandates to count every person living in a state in both the decennial census and the corresponding apportionment base."

Trump's order did not affect the counting of undocumented immigrants in the census. But it directed the Commerce Department to provide him with a second count for apportionment purposes, excluding "aliens who are not in a lawful immigration status."

The Supreme Court last year blocked the administration's plan to add a question on citizenship to the census. Chief Justice John Roberts wrote that the rationale "seems to have been contrived."

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President Donald Trump ordered Tuesday a ban on undocumented immigrants being counted for apportionment of House representation after " Trump ' s strategy to scare immigrants from taking part in the Census is unlawful; it Brother denies slain South Korean official had planned to defect.

Trump ' s plan , announced on Tuesday, could exclude several million people when determining how to apportion the 435 House seats, starting with the The census is also a basis for allocating federal funds, and the plaintiffs said Trump ' s directive could hurt communities by deterring immigrants from

But this month, the court temporarily allowed the administration to end its 2020 census count earlier than planned, a move that could result in undercounting racial and ethnic minorities and others in hard-to-reach communities. The administration sought the earlier deadline in order to determine by Dec. 31 the number of House seats and electoral votes each state gets for the coming decade.

More: Supreme Court temporarily allows Trump administration to end census head count

While the decision was unsigned, Associate Justice Sonia Sotomayor registered her dissent. She said "meeting the deadline at the expense of the accuracy of the census is not a cost worth paying."

This article originally appeared on USA TODAY: Supreme Court will rule on Trump's plan to exclude undocumented immigrants from House apportionment

Fact check: Post online misquotes Biden on court-packing amid debate over size of Supreme Court .
Joe Biden never said the “day after” he’s elected, people will “know what he stands for.” A Google search of the exact quote turned up no results. He did make a similar comment on Oct. 8 regarding the topic of court-packing, which is the idea of expanding the size of the Supreme Court. It was most famously suggested by President Franklin D. Roosevelt during the 1930s, according to the New York Times.

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