June 12, 2019

Whether the Secretary of Commerce’s decision to add a citizenship question to the Census was arbitrary and capricious and contrary to law.

The American Civil Liberties Union, New York Civil Liberties Union, and Arnold & Porter filed a federal lawsuit on behalf of immigrants’ rights groups challenging the Trump administration’s plan to include a citizenship question on the 2020 census. The question’s inclusion intentionally discriminates against immigrants and thwarts the constitutional mandate to accurately count the U.S. population. Plaintiffs are Casa de Maryland, American-Arab Anti-Discrimination Committee, ADC Research Institute, New York Immigration Coalition, and Make the Road.

The lawsuit was filed in U.S. District Court in the Southern District of New York. Defendants are the U.S. Department of Commerce, Commerce Secretary Wilbur Ross, and the U.S. Census Bureau.

LATEST/June 12: The ACLU asked the Supreme Court to wait until the fall to decide if it will reject or allow the Trump administration to add a citizenship question to the 2020 census. We requested the Supreme Court send the case to a lower court to consider new evidence showing the question was added for political purposes.

“The significance of this case cannot be overstated. The census happens once a decade and there is no chance for a do-over. The Supreme Court should not permit the Trump administration to add a citizenship question to the census based on an incomplete and misleading record,” said Dale Ho, director of the ACLU’s Voting Rights Project.

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