Federal District Court Rules Illegal Immigrants Must Be Counted In Census

Federal District Court Rules Illegal Immigrants Must Be Counted In Census

A Federal District Court in Manhattan ruled Thursday that President Donald Trump’s July memorandum excluding illegal immigrants from the 2020 census is unlawful.

The three judge panel ruled that while Trump did have some discretion over the census, it is nonetheless limited, and therefore his July memorandum far exceeded his enumerated powers.

“The President is not free to substitute his own view of what is more ‘consonant with the principles of representative democracy’ for the view that Congress already chose,” the panel wrote, quoting part of the July memo.

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Trump issued a memorandum in July ordering the Secretary of Commerce to exclude illegal immigrants from being counted in the census.

However,  after the panel shot down his order, they said there was no need to hear the second claim in the lawsuit arguing the President’s order violated the Constitutional requirement to base apportionment of the House on the total number of persons in each state.

“Because the President exceeded the authority granted to him by Congress by statute, we need not, and do not, reach the overlapping, albeit distinct, question of whether the Presidential Memorandum constitutes a violation of the Constitution itself,” the panel wrote.


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