US: Does California have a case against the Trump administration’s census citizenship question? - - PressFrom - US
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US Does California have a case against the Trump administration’s census citizenship question?

21:17  28 march  2018
21:17  28 march  2018 Source:   msn.com

Citizenship question to return to 2020 census, Commerce Department announces

  Citizenship question to return to 2020 census, Commerce Department announces The Trump administration announced Monday night that the 2020 Census will ask respondents if they are citizens of the United States. In a statement, the Commerce Department said the citizenship question would be added in response to a request by the Justice Department made in December. The statement said that Commerce Secretary Wilbur Ross "has determined that reinstatement of a citizenship question on the 2020 decennial census questionnaire is necessary to provide complete and accurate census block level data.

California has had a lot of success suing the Trump administration . The state has been able to halt or delay policies on everything from sanctuary cities to the travel ban. California announced Monday night that it would sue the administration to keep a question about citizenship off the 2020 census .

California filed a lawsuit against the Trump administration Tuesday for adding a citizenship question to the 2020 Census , the latest volley in a feud between Sacramento and Washington over federal California has been a flashpoint in the immigration debate since Trump was elected.

Video by CBS News

California has had a lot of success suing the Trump administration. The state has been able to halt or delay policies on everything from sanctuary cities to the travel ban.

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But its chances in this latest lawsuit could be much more slim. California announced Monday night that it would sue the administration to keep a question about citizenship off the 2020 census.

California AG to sue Trump administration over census citizenship question

  California AG to sue Trump administration over census citizenship question California Attorney General Xavier Becerra said late Monday he is filing a lawsuit against the Trump administration over its decision to include a question on citizenship in the 2020 Census. "We're prepared to do what we must to protect California from a deficient Census. Including a citizenship question on the 2020 census is not just a bad idea - it is illegal," Becerra said in a statement.#BREAKING: Filing suit against @realdonaldtrump's Administration over decision to add #citizenship question on #2020Census. Including the question is not just a bad idea - it is illegal: https://t.

against the Trump administration ' s decision to add a citizenship question to the 2020 census . the census to collect citizenship data and to test a citizenship question , as the bureau plans to do In addition to the two lead cases before Furman at the U.S. District Court for the Southern District of A second trial over the question began earlier this month in California , and another is scheduled to

The plaintiffs argued that including a question on citizenship in the census would depress responses from the immigrant and Hispanic communities — two “Our government is legally entitled to include a citizenship question on the census and people in the United States have a legal obligation to answer.

The worry: Civil rights advocates, some census experts and Democrats fear that adding this question for the first time since the 1950s would disincentivize immigrants to respond. That means they wouldn't be counted in their communities by the government, which could drastically shrink political representation in urban, more liberal areas and cost states with high  numbers of immigrants billions in federal funding.

Xavier Becerra wearing a suit and tie© Provided by WP Company LLC d/b/a The Washington Post

California is arguing that the Trump administration is violating the Constitution, which says the government has an obligation to count all people in its census, as the lawsuit filed by California Attorney General Xavier Becerra points out.

Some legal experts say the government may still be able to change the census in ways that make it more difficult to count everyone, without violating the Constitution. There's a difference in the court of law between making it harder to count people and refusing to count people.

California sues Trump administration over addition of citizenship question to census

  California sues Trump administration over addition of citizenship question to census The suit is just the beginning of a high-stakes political battle that could affect representation in Congress and the electoral college, as well as the distribution of federal funds.Subscribe to the Post Most newsletter: Today’s most popular stories on The Washington Post 

The Trump administration announced that it would add a question about citizenship to the 2020 census . CreditDevin Yalkin for The New York Times. The State of California filed a separate lawsuit late Monday night. “The census is supposed to count everyone,” said Attorney General Maura Healey

California ' s attorney general filed a lawsuit against the Trump administration over its plans to add a citizenship question to the 2020 U. S . Census , claiming "They do have a case — it is based on the argument that adding this question so late in the day will basically destroy the usability of the census

“If the government says: 'We are not going to count immigrants,' that would be a textbook violation,” said Stephen Vladeck, a law professor at the University of Texas, which is one of the states that will be most affected by the new citizenship question. “But what the government is doing here is more subtle than that.” And that's probably what the government will argue here, that they have the right to change the census.

But there are more ways than one to win a case. California is also suing the Trump administration on procedural grounds, arguing that the government just made a major policy change without going through the formal rulemaking process: consulting the public, holding hearings, etc. This argument could be crucial for convincing a federal judge to hear the case.

“This has such huge policy implications, I assume they can make that argument,” University of Richmond law professor Carl Tobias said. “And it may prevail.”

New York state will sue to block Census citizenship question

  New York state will sue to block Census citizenship question New York state's attorney general said on Tuesday he will lead a multistate lawsuit to try to stop the federal government from asking people whether they are citizens in the 2020 Census, arguing the move will discourage immigrants from participating. The U.S. Commerce Department, which runs the Census Bureau, announced on Monday that Commerce Secretary Wilbur Ross had decided to include the citizenship question after a Justice Department request based on a desire for better enforcement of the Voting Rights Act. The act protects minorities' voting rights.

A federal judge has ruled against the Trump administration ' s addition of a citizenship question to Those include a trial currently underway in California and another due to begin next Tuesday in A citizenship question does exist on the American Community Survey, a questionnaire that goes out

A federal judge has ruled against the Trump administration ’ s addition of a citizenship question to the 2020 Census , marking the first major ruling in a Judge Jesse M. Furman of the U.S. District Court for the Southern District of New York ordered the administration Tuesday to stop its plans to add the

Here, the Trump administration will try to argue the state doesn't have standing, but California, a high-immigrant state, could argue it will lose an entire congressional district and billions of dollars of federal funding as a result of the addition of this one question.

At least, that strategy may prevail in convincing the courts that there is enough reason to pause the citizenship census question while they debate the constitutional issue." They could tie this up in the courts for a while,” Tobias said. This could even go all the way to the Supreme Court.

This is actually the strategy California and New York recently used to get courts to indefinitely pause a deadline Trump ordered to deport young undocumented immigrants known as “dreamers.”  The cases are winding their way through federal courts, and for now hundreds of thousands of dreamers can remain in the country without fear of deportation.

That's why this California lawsuit against the census is so important. California doesn't even have to win the case to win the battle. The state just has to tie it up in the courts long enough to make it difficult for the Commerce Department to put the question on the 2020 census. And by 2020, Trump will be focused on other things, like his reelection.

States, cities sue U.S. to block 2020 census citizenship question .
A group of U.S. states and cities on Tuesday filed a lawsuit to block the Trump administration from asking people filling out 2020 census forms whether they are citizens. The lawsuit, filed by 17 states, Washington D.C. and six cities, challenged what it said was an "unconstitutional and arbitrary" decision announced last month by the U.S. Department of Commerce, which oversees the Census Bureau, to add the citizenship question.The census, authorized by the U.S. Constitution and conducted every 10 years, is used to determine the allocation to states of seats in the U.S.

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