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Rep. Davis, House & Senate Dems Submit Amicus Brief Supporting States Against Trump Administration's Attempt to Add a Citizenship Question to the 2020 Census

06/15/18

Congressman Danny K. Davis joined 120 House and Senate Democrats on an amicus brief submitted today in support of the New York state-led lawsuit seeking to stop the addition of a citizenship question to the 2020 census.  The Amicus Brief notes the Census Bureau has long recognized that any effort to ascertain citizenship will inevitably jeopardize the overall accuracy of the population count. These fears are now at an all-time high given threats by the Trump administration that “every immigrant in the country without papers…should be uncomfortable,” “should look over their shoulder,” and “needs to be worried”. Indeed, the Census Bureau’s own evidence demonstrated “an unprecedented groundswell in confidentiality and data sharing concerns, particularly among immigrants or those who live with immigrants.”  

The brief argues that both Article 1, Section 2 of the Constitution and the 14th Amendment make clear that the census is intended to count all people residing in the United States both citizen and non-citizen alike. Despite the Secretary of Commerce’s authority to determine the “Manner” of taking the census, this authority does not give the Secretary power to do an “end-run” around his constitutional duty to count all persons. Furthermore, the addition of an untested citizenship question does not, in any way, advance any legitimate governmental interest.

Rep. Davis stated: "I oppose this partisan political attempt to ignore the Constitution by imposing a citizenship question in the Census.  This dangerous decision is designed to incite fear and distrust into vulnerable communities and cause traditionally undercounted communities to be even further under-represented, financially excluded and left behind.

The brief can be read in full here.

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