Case: La Unión Del Pueblo Entero v. Trump

8:19-cv-02710 | U.S. District Court for the District of Maryland

Filed Date: Sept. 13, 2019

Closed Date: April 2, 2021

Clearinghouse coding complete

Case Summary

This case challenged President Trump’s Executive Order 13880 directing the Census Bureau to collect citizenship data from administrative records and distribute that data to states in connection with the 2020 decennial census for redistricting. La Unión del Pueblo Entero (LUPE), a nonprofit committed to community organizing and civic engagement in the Texas Rio Grande Valley and Promise Arizona (PAZ), a faith-based nonprofit working to build Latino and immigrant political power, and two resident…

This case challenged President Trump’s Executive Order 13880 directing the Census Bureau to collect citizenship data from administrative records and distribute that data to states in connection with the 2020 decennial census for redistricting. La Unión del Pueblo Entero (LUPE), a nonprofit committed to community organizing and civic engagement in the Texas Rio Grande Valley and Promise Arizona (PAZ), a faith-based nonprofit working to build Latino and immigrant political power, and two residents of Texas who identify as Latinas filed this suit on September 13, 2019, in the U.S. District Court for the District of Maryland. They sued the U.S. Secretary of Commerce, U.S. Department of Commerce, Director of the U.S. Census Bureau, and U.S. Census Bureau under the Administrative Procedure Act (APA) and 42 U.S.C. § 1985.

Represented by Asian Americans Advancing Justice and the Mexican American Legal Defense and Educational Fund, the plaintiffs sought declaratory and injunctive relief. They alleged that the directive to collect citizenship data was made in excess of legal authority and without following proper procedure in violation of the APA, violated the Equal Protection Clause, and was part of a conspiracy to violate civil rights under § 1985. Specifically, they argued that this policy was motivated by a racially discriminatory scheme to reduce Latino political representation and increase the over-representation of non-Latino Whites by disadvantaging Latino voters. The plaintiffs also contended that the directive failed to comply with federal regulations and did not provide an adequate rationale for collecting and producing the citizenship data.

The case was assigned to District Judge George Jarrod Hazel, because he had presided over a similar case dealing with the inclusion of a citizenship question in the 2020 Census (Kravitz v. U.S. Dep’t of Commerce, 8:18-cv-01041-GJH).

The plaintiffs filed an amended complaint on October 9, 2019. This complaint added three individual plaintiffs, two Asian American individuals living in Texas and Arizona and a Latina individual living in Washington. They did so because these individuals lived in states where lawmakers had expressed an interest and desire to citizenship data for drawing congressional and state legislative redistricting plans in 2021.

On October 11, 2019, the defendants filed a motion to un-relate and reassign the case from Kravitz. They argued that the case was unrelated to Kravitz because this case only concerned the executive order to gather citizenship data from administrative records rather than including a citizenship question on the Census. They asserted that the cases did not involve identical parties and there would not be a duplication of labor if the case was heard by a different judge. On November 13, 2019, Judge Hazel adopted the defendants’ reasoning and ruled that the case should be randomly assigned. As a result, the case was reassigned to Judge Paula Xinis.

The defendants filed a motion to dismiss the case on December 18, 2019. They argued that the individual and organizational plaintiffs lacked standing and their claims were not ripe because they alleged uncertain future harms. They further asserted that presidential action cannot be subject to APA review, and the plaintiffs’ failed to state an equal protection claim or a cause of action under § 1985. In response, the plaintiffs filed a motion in opposition on January 9, 2020.

Due to COVID-19, not much happened in the case over the next few months. On July 22, 2020, the court granted the plaintiffs leave to amend their complaint and denied the defendants' motion to dismiss as moot. The plaintiffs filed their second amended complaint on August 13, 2020, stating new facts, asserting new claims, and adding new plaintiffs. They alleged that since the first amended complaint was filed, the defendants further tried to implement their plan to diminish minority political power and representation. Via presidential memorandum, the defendants announced their plan to exclude undocumented immigrants from the count of persons for the purposes of allocating congressional seats to states—this would reduce the number of House of Representatives seats and Electoral College votes apportioned to states with high populations of Latinos and Asian Americans. The plaintiffs also asserted that the defendants were ending the field collection of data for the Census one month early even though an estimated 60 million households remained uncounted, a disproportionately large number of whom were from communities of immigrants, Latinos, Asian Americans, and other people of color. To address the new facts, the complaint added the claim that the defendants’ directive violated the Enumeration Clause and Fourteenth Amendment because all persons in each state, regardless of citizenship status, must be counted for congressional apportionment. They additionally alleged ultra vires claims under 2 U.S.C. § 2a and 13 U.S.C. § 141, asserting that President Trump did not have the authority to direct the Secretary of Commerce to calculate congressional allocation other than through the Census data. The new complaint also included 25 additional individual plaintiffs from different states across the country and two additional nonprofits, The Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) and the Organization of Chinese Americans-Greater Houston (OCA-GH).

On August 17, 2020, Judge Xinis sent a letter to Chief Judge Roger L. Gregory of the U.S. Court of Appeals for the Fourth Circuit, requesting the appointment of a three-judge panel to hear the case pursuant to 28 U.S.C. § 2284(a). Section 2284(a) provides that a district court of three judges shall be convened when an action challenges the constitutionality of the apportionment of congressional districts. Chief Judge Gregory assigned District Judge Ellen L. Hollander and Circuit Judge Pamela A. Harris to convene on the panel with Judge Xinis on August 26.

The plaintiffs sought an emergency motion for temporary restraining order on September 1, 2020 to stop the defendants’ “Replan” to cease Census field operations on September 30. Census field operations would thus be shortened by four months which the plaintiffs contended was the defendants’ latest attempt to exclude certain minority groups from the Census, violating the Enumeration Clause. They further asserted that the resulting undercount would cause irreparable harm to the plaintiffs, including the loss of political representation at multiple levels and federal funding for public services. Finally, they argued the court should grant injunctive relief because the broader public interest outweighed the defendants’ desire to complete the Census as rapidly as possible.

On September 11, 2020, the defendants filed a response to the preliminary injunction motion arguing that the plaintiffs’ motion was barred by the political question doctrine which excludes from judicial review controversies around policy choices constitutionally decided by Congress or the Executive Branch. They stated that Congress delegated broad authority to the Secretary of Commerce to decide how to conduct the Census. The defendants also claimed the plaintiffs lacked standing because Article III of the Constitution prevented the judicial process from being used to usurp the powers of the political branches. They further argued the plaintiffs could not prevail on their Enumeration Clause claim and they did not satisfy the other preliminary injunction factors, establishing imminent and irreparable harm and showing that public interest weighed in favor of an injunction.

After the plaintiffs moved to stop the Replan, on September 24, 2020, in parallel litigation in the Northern District of California, that district court preliminarily enjoined the Replan’s deadlines and ordered the Census Bureau to continue its field operations (Nat’l Urban League v. Ross, No. 20-cv-5799-LHK). As a result, the Bureau maintained its field operations until October 13 and announced it had enumerated 99.9% of the nation’s housing units. The Bureau announced it would end field operations on October 15. Accordingly, the three-judge panel issued a letter order on October 14, 2020, dismissing the plaintiffs’ emergency motion as moot. Although the plaintiffs had initially argued that the Replan would end Census operations on September 30 and therefore risked a severe undercount of minority populations, the court found that the plan the Secretary of Commerce would adopt in light of the Supreme Court's decision in Nat’l Urban League could not be the same plan the plaintiffs had originally sought to enjoin because the the Census Bureau had actually continued operations beyond September 30 and achieved 99.9% nationwide enumeration.

On December 17, 2020, the plaintiffs informed the defendants that they intended to amend their second amended complaint and the defendants consented to the change. Over the next few months, the plaintiffs, without opposition from the defendants, sought extensions of time to file their third amended complaint.

On March 31, 2021, the plaintiffs filed a notice of voluntary dismissal. After the presidential administrations changed, President Joe Biden issued an executive order revoking President Trump's Executive Order and Memorandum to collect citizenship data and exclude undocumented people from congressional apportionment. The Census Bureau also terminated its efforts to produce citizenship data. The plaintiffs determined that because of these changes, their claims had been resolved and did not need to continue their case. Judge Xinis, Judge Hollander, and Judge Harris granted the voluntary dismissal on April 2. The case is now closed.

 

Summary Authors

Devon Schmidt (10/21/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16199503/parties/la-union-del-pueblo-entero-v-trump/


Judge(s)

Harris, Pamela Ann (Maryland)

Hazel, George Jarrod (Maryland)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Adegbile, Debo Patrick (New York)

Andriola, Eri (District of Columbia)

Dycus, Jamie (New York)

Gomez Hernandez, Julia Alejandra (California)

Hatoum, Daniel (Texas)

Minnis, Terry Ao (District of Columbia)

Pellegrini, Tanya G. (California)

Judge(s)

Harris, Pamela Ann (Maryland)

Hazel, George Jarrod (Maryland)

Hollander, Ellen Lipton (Maryland)

Attorneys(s) for Plaintiff

Adegbile, Debo Patrick (New York)

Andriola, Eri (District of Columbia)

Dycus, Jamie (New York)

Gomez Hernandez, Julia Alejandra (California)

Hatoum, Daniel (Texas)

Minnis, Terry Ao (District of Columbia)

Pellegrini, Tanya G. (California)

Perales, Nina (Texas)

Saenz, Thomas A. (California)

Schoenfeld, Alan E. (New York)

Senteno, Andrea E. (District of Columbia)

Shah, Niyati (District of Columbia)

Yang, John C. (District of Columbia)

Attorneys(s) for Defendant

Ehrlich, Stephen (District of Columbia)

Other Attorney(s)

Brown, Patrick (District of Columbia)

Davies, Susan M (District of Columbia)

Donovan, Daniel T (District of Columbia)

Eggleston, W Neil (District of Columbia)

Hulett, Denise (District of Columbia)

Schwab, Gregory George (Pennsylvania)

Expert/Monitor/Master

Xinis, Paula (Maryland)

Documents in the Clearinghouse

Document

8:19-cv-02710

Docket

April 2, 2021

April 2, 2021

Docket
1

8:19-cv-02710

Complaint for Declaratory and Injunctive Relief

La Unión Del Pueblo Entero v. Ross

Sept. 13, 2019

Sept. 13, 2019

Complaint
50

8:19-cv-02710

Memorandum Opinion

La Unión Del Pueblo Entero v. Ross

Nov. 13, 2019

Nov. 13, 2019

Order/Opinion
65

8:19-cv-02710

Brief of Tom Wolf, Governor of Pennsylvania, as Amicus Curiae in Opposition to Defendants' Motion to Dismiss

Jan. 16, 2020

Jan. 16, 2020

Pleading / Motion / Brief
98

8:19-cv-02710

Second Amended Complaint for Declaratory and Injunctive Relief

Aug. 13, 2020

Aug. 13, 2020

Complaint
101

8:19-cv-02710

Letter

La Union Del Pueblo Entero v. Trump

Aug. 17, 2020

Aug. 17, 2020

Notice Letter
132

8:19-cv-02710

Letter Order

La Union Del Pueblo Entero v. Trump

Oct. 14, 2020

Oct. 14, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16199503/la-union-del-pueblo-entero-v-trump/

Last updated June 1, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Steven Dillingham, Wilber Ross, U.S. Census Bureau, U.S. Department of Commerce ( Filing fee $ 400 receipt number 0416-8233325.), filed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons, # 3 Summons Summons, # 4 Summons Summons, # 5 Summons Summons)(Minnis, Terry) (Entered: 09/13/2019)

1 Civil Cover Sheet Civil Cover Sheet

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2 Summons Summons

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3 Summons Summons

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4 Summons Summons

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5 Summons Summons

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Sept. 13, 2019

Sept. 13, 2019

RECAP

Case Reassigned to Judge George Jarrod Hazel. Judge Paula Xinis no longer assigned to the case. (kns, Deputy Clerk)

Sept. 16, 2019

Sept. 16, 2019

PACER

Case Assigned/Reassigned

Sept. 16, 2019

Sept. 16, 2019

PACER
2

QC NOTICE: 1 Complaint, filed by Promise Arizona, Juanita Valdez-Cox, La Union Del Pueblo Entero, Lydia Camarillo was filed incorrectly. **The following attachments or exhibits are missing - Summons. Summons were only provided for the named Defendants. If the defendant is either an agency of the United States or an office or employee of the United States, you must also serve both the U.S. Attorney General and the U.S. Attorney for the District of Maryland. To correct this problem, file Summons using the civil event Supplemental located under "Other Filings" and then "Other Documents". (dg3s, Deputy Clerk) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
3

Summons Issued 60 days as to Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce(dg3s, Deputy Clerk) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
4

Supplemental to 1 Complaint, filed by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox (Minnis, Terry) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

RECAP
5

Supplemental to 1 Complaint, filed by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox (Minnis, Terry) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
6

Summons Issued 60 days as to U.S. Attorney and U.S. Attorney General(dg3s, Deputy Clerk) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
7

(FILED IN ERROR BY COUNSEL)SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. (Minnis, Terry) Modified on 9/23/2019 (heps, Deputy Clerk). (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
8

(FILED IN ERROR BY COUNSEL) SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. Steven Dillingham served on 9/19/2019, answer due 10/10/2019.(Minnis, Terry) Modified on 9/23/2019 (heps, Deputy Clerk). (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
9

(FILED IN ERROR BY COUNSEL) SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. Wilbur L. Ross served on 9/18/2019, answer due 10/9/2019.(Minnis, Terry) Modified on 9/23/2019 (heps, Deputy Clerk). (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
10

(FILED IN ERROR BY COUNSEL )SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. U.S. Department of Commerce served on 9/18/2019, answer due 10/9/2019.(Minnis, Terry) Modified on 9/23/2019 (heps, Deputy Clerk). (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
11

SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. U.S. Census Bureau served on 9/19/2019, answer due 11/18/2019.(Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
12

SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. Steven Dillingham served on 9/19/2019, answer due 11/18/2019.(Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
13

SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. Wilbur L. Ross served on 9/18/2019, answer due 11/18/2019.(Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
14

SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox. U.S. Department of Commerce served on 9/18/2019, answer due 11/18/2019.(Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
15

SUMMONS Returned Executed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox as to U.S. Attorney General and U.S. Attorney for the District of Maryland served on 9/18/2019, answer due 11/18/2019. (Minnis, Terry) Modified on 9/23/2019 (heps, Deputy Clerk). (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
16

Local Rule 103.3 Disclosure Statement by La Union Del Pueblo Entero (Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
17

Local Rule 103.3 Disclosure Statement by Promise Arizona (Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
18

MOTION to Appear Pro Hac Vice for Niyati Shah (Filing fee $100, receipt number 0416-8250463.) by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
19

MOTION to Appear Pro Hac Vice for Tanya Pellegrini (Filing fee $100, receipt number 0416-8250479.) by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
20

MOTION to Appear Pro Hac Vice for Denise Hulett (Filing fee $100, receipt number 0416-8250486.) by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
21

MOTION to Appear Pro Hac Vice for Julia Gomez (Filing fee $100, receipt number 0416-8250490.) by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER
22

MOTION to Appear Pro Hac Vice for Eri Andriola (Filing fee $100, receipt number 0416-8252154.) by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
23

QC NOTICE: 18 Motion to Appear Pro Hac Vice filed by Promise Arizona, Juanita Valdez-Cox, La Union Del Pueblo Entero, Lydia Camarillo needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
24

QC NOTICE: 19 Motion to Appear Pro Hac Vice filed by Promise Arizona, Juanita Valdez-Cox, La Union Del Pueblo Entero, Lydia Camarillo needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
25

QC NOTICE: 20 Motion to Appear Pro Hac Vice filed by Promise Arizona, Juanita Valdez-Cox, La Union Del Pueblo Entero, Lydia Camarillo needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
26

QC NOTICE: 21 Motion to Appear Pro Hac Vice filed by Promise Arizona, Juanita Valdez-Cox, La Union Del Pueblo Entero, Lydia Camarillo needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
27

QC NOTICE: 22 Motion to Appear Pro Hac Vice filed by Promise Arizona, Juanita Valdez-Cox, La Union Del Pueblo Entero, Lydia Camarillo needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (srds, Deputy Clerk) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER
28

CORRECTED MOTION to Appear Pro Hac Vice for Tanya Pellegrini by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox. The fee has already been paid.(Minnis, Terry) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
29

CORRECTED MOTION to Appear Pro Hac Vice for Denise Hulett by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox. The fee has already been paid.(Minnis, Terry) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
30

CORRECTED MOTION to Appear Pro Hac Vice for Julia Gomez by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox. The fee has already been paid.(Minnis, Terry) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
31

CORRECTED MOTION to Appear Pro Hac Vice for Eri Andriola by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox. The fee has already been paid.(Minnis, Terry) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
32

CORRECTED MOTION to Appear Pro Hac Vice for Niyati Shah by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox. The fee has already been paid.(Minnis, Terry) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
33

MOTION to Appear Pro Hac Vice for Thomas A. Saenz (Filing fee $100, receipt number 0416-8258079.) by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
34

PAPERLESS ORDER granting 28 Corrected Motion to Appear Pro Hac Vice on behalf of Tanya G Pellegrini. Directing attorney Tanya G Pellegrini to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 9/26/2019. (srds, Deputy Clerk) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
35

PAPERLESS ORDER granting 29 Corrected Motion to Appear Pro Hac Vice on behalf of Denise Hulett. Directing attorney Denise Hulett to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/26/2019. (srds, Deputy Clerk) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
36

PAPERLESS ORDER granting 30 Corrected Motion to Appear Pro Hac Vice on behalf of Julia A Gomez. Directing attorney Julia A Gomez to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 9/26/2019. (srds, Deputy Clerk) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
37

PAPERLESS ORDER granting 31 Corrected Motion to Appear Pro Hac Vice on behalf of Eri Andriola. Directing attorney Eri Andriola to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/26/2019. (srds, Deputy Clerk) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
38

PAPERLESS ORDER granting 32 Corrected Motion to Appear Pro Hac Vice on behalf of Niyati Shah. Directing attorney Niyati Shah to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/26/2019. (srds, Deputy Clerk) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
39

PAPERLESS ORDER granting 33 Motion to Appear Pro Hac Vice on behalf of Thomas Saenz. Directing attorney Thomas Saenz to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 9/26/2019. (srds, Deputy Clerk) (Entered: 09/26/2019)

Sept. 26, 2019

Sept. 26, 2019

PACER
40

MOTION for Leave to Conduct Expedited Discovery by Lydia Camarillo, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox (Attachments: # 1 Memorandum in Support, # 2 Request for Judicial Notice, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Declaration of Tanya Pellegrini, # 14 Exhibit A, # 15 Exhibit B, # 16 Text of Proposed Order)(Minnis, Terry) (Entered: 10/01/2019)

1

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Oct. 1, 2019

Oct. 1, 2019

RECAP
41

AMENDED COMPLAINT against Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce, filed by Promise Arizona, Lydia Camarillo, La Union Del Pueblo Entero, Juanita Valdez-Cox, Candy L. Gutierrez, Rogene Gee Calvert, Zeenat Nisha Hasan. (Attachments: # 1 Copy of Amended Complaint with Identification of Amendments)(Minnis, Terry) (Entered: 10/09/2019)

1 Copy of Amended Complaint with Identification of Amendments

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Oct. 9, 2019

Oct. 9, 2019

PACER
42

NOTICE of Appearance by Stephen Ehrlich on behalf of All Defendants (Ehrlich, Stephen) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

RECAP
43

MOTION to Reassign Case by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: Citizenship-question Complaint)(Ehrlich, Stephen) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
44

Corrected MOTION to Reassign Case by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: Citizenship-question Complaint)(Ehrlich, Stephen) (Entered: 10/11/2019)

1 Memorandum in Support

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2 Exhibit A: Citizenship-question Complaint

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Oct. 11, 2019

Oct. 11, 2019

PACER
45

RESPONSE re 40 MOTION for Leave to Conduct Expedited Discovery filed by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce.(Ehrlich, Stephen) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

RECAP
46

CERTIFICATE OF SERVICE by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox re 41 Amended Complaint, (Minnis, Terry) (Entered: 10/16/2019)

Oct. 16, 2019

Oct. 16, 2019

PACER
47

RESPONSE in Opposition re 44 Corrected MOTION to Reassign Case filed by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox.(Minnis, Terry) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

RECAP
48

NOTICE by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox re 40 MOTION for Leave to Conduct Expedited Discovery (Attachments: # 1 Exhibit AA, # 2 Exhibit BB, # 3 Exhibit CC)(Minnis, Terry) (Entered: 11/06/2019)

Nov. 6, 2019

Nov. 6, 2019

PACER
49

REPLY to Response to Motion re 44 Corrected MOTION to Reassign Case filed by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce.(Ehrlich, Stephen) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER
50

MEMORANDUM OPINION. Signed by Judge George Jarrod Hazel on 11/13/2019. (ybs, Deputy Clerk) (Entered: 11/14/2019)

Nov. 13, 2019

Nov. 13, 2019

RECAP
51

ORDER granting 44 Corrected MOTION to Reassign Case filed by U.S. Census Bureau, Wilbur L. Ross, U.S. Department of Commerce, Steven Dillingham. Signed by Judge George Jarrod Hazel on 11/13/2019. (ybs, Deputy Clerk) (Entered: 11/14/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER

Case Reassigned to Judge Paula Xinis. Judge George Jarrod Hazel no longer assigned to the case. (kns, Deputy Clerk)

Nov. 14, 2019

Nov. 14, 2019

PACER

Case Assigned/Reassigned

Nov. 14, 2019

Nov. 14, 2019

PACER
52

MOTION for Extension of Time to Respond to Plaintiffs' First Amended Complaint by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce(Ehrlich, Stephen) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

RECAP
53

PAPERLESS ORDER GRANTING 52 Motion for Extension of Time. Defendant's Response to 41 Amended Complaint is due December 18, 2019. Signed by Judge Paula Xinis on 11/14/2019. (tb2s, Chambers) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

PACER
54

ORDER granting 40 Motion for Leave to Conduct Expedited Discovery. Signed by Judge Paula Xinis on 11/14/2019. (ybs, Deputy Clerk) (Entered: 11/14/2019)

Nov. 14, 2019

Nov. 14, 2019

RECAP
55

MOTION to Appear Pro Hac Vice for Nina Perales (Filing fee $100, receipt number 0416-8361479.) by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 11/20/2019)

Nov. 20, 2019

Nov. 20, 2019

PACER
56

PAPERLESS ORDER granting 55 Motion to Appear Pro Hac Vice on behalf of Nina Perales. Directing attorney Nina Perales to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 11/22/2019. (srd, Deputy Clerk) (Entered: 11/22/2019)

Nov. 22, 2019

Nov. 22, 2019

PACER
57

MOTION for Extension of Time to Respond to Defendants' Anticipated Motion to Dismiss by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox (Attachments: # 1 Text of Proposed Order)(Minnis, Terry) (Entered: 12/05/2019)

Dec. 5, 2019

Dec. 5, 2019

PACER
58

PAPERLESS ORDER GRANTING 57 Motion for Extension of Time. Plaintiffs' Response to the Anticipated Motion to Dismiss is extended from January 2, 2020 to January 9, 2020. Signed by Judge Paula Xinis on 12/6/2019. (tb2s, Chambers) (Entered: 12/06/2019)

Dec. 6, 2019

Dec. 6, 2019

PACER
59

Consent MOTION for Leave to File Excess Pages by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce(Ehrlich, Stephen) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
60

MOTION to Dismiss by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce (Attachments: # 1 Memorandum in Support)(Ehrlich, Stephen) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

PACER
61

PAPERLESS ORDER GRANTING 59 Motion for Leave to File Excess Pages. Signed by Judge Paula Xinis on 12/26/2019. (tb2s, Chambers) (Entered: 12/26/2019)

Dec. 26, 2019

Dec. 26, 2019

PACER
62

Joint MOTION for Leave to File Excess Pages by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 01/06/2020)

Jan. 6, 2020

Jan. 6, 2020

PACER
63

PAPERLESS ORDER GRANTING 62 Motion for Leave to File Excess Pages. Signed by Judge Paula Xinis on 1/9/2020. (tb2s, Chambers) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
64

RESPONSE in Opposition re 60 MOTION to Dismiss filed by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox.(Minnis, Terry) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

RECAP
65

AMICUS RESPONSE BRIEF in Opposition to 60 MOTION to Dismiss filed by Tom Wolf.(kns, Deputy Clerk) (Entered: 01/17/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER
66

[FILED IN ERROR - SEE 67 FOR CORRECTED FILING] MOTION for Leave to Appear Pro Hac Vice for Gregory G. Schwab by Tom Wolf(Eggleston, Warren) Modified on 1/17/2020 (kns, Deputy Clerk). (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
67

Corrected MOTION to Appear Pro Hac Vice for Gregory G. Schwab (Filing fee $100, receipt number 0416-8461403.) by Tom Wolf(Eggleston, W.) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
68

MOTION to Appear Pro Hac Vice for Susan M. Davies (Filing fee $100, receipt number 0416-8461431.) by Tom Wolf(Eggleston, W.) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
69

MOTION to Appear Pro Hac Vice for Daniel T. Donovan (Filing fee $100, receipt number 0416-8461476.) by Tom Wolf(Eggleston, W.) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
70

MOTION to Appear Pro Hac Vice for Patrick Brown (Filing fee $100, receipt number 0416-8461499.) by Tom Wolf(Eggleston, W.) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
71

Consent MOTION for Extension of Time to File Defendants' Reply Brief by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce(Ehrlich, Stephen) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
72

PAPERLESS ORDER granting 67 Motion to Appear Pro Hac Vice on behalf of Gregory George Schwab. Directing attorney Gregory George Schwab to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 1/22/2020. (srd, Deputy Clerk) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
73

PAPERLESS ORDER granting 68 Motion to Appear Pro Hac Vice on behalf of Susan M Davies. Directing attorney Susan M Davies to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 1/22/2020. (srd, Deputy Clerk) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
74

PAPERLESS ORDER granting 69 Motion to Appear Pro Hac Vice on behalf of Daniel T Donovan. Directing attorney Daniel T Donovan to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 1/22/2020. (srd, Deputy Clerk) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
75

PAPERLESS ORDER granting 70 Motion to Appear Pro Hac Vice on behalf of Patrick Brown. Directing attorney Patrick Brown to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 1/22/2020. (srd, Deputy Clerk) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
76

PAPERLESS ORDER GRANTING 71 Motion for Extension of Time. Defendants' Reply to 60 Motion to Dismiss is due February 6, 2020. Signed by Judge Paula Xinis on 1/22/2020. (tb2s, Chambers) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

PACER
77

MOTION to Appear Pro Hac Vice for Daniel A. Hatoum (Filing fee $100, receipt number 0416-8483736.) by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 01/30/2020)

Jan. 30, 2020

Jan. 30, 2020

PACER
78

PAPERLESS ORDER granting 77 Motion to Appear Pro Hac Vice on behalf of Daniel A Hatoum. Directing attorney Daniel A Hatoum to register online for CM/ECF at http://www.mdd.uscourts.gov/electronic-case-filing-registration. Signed by Clerk on 2/3/2020. (srd, Deputy Clerk) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
79

Consent MOTION for Leave to File Excess Pages by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce(Ehrlich, Stephen) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
80

PAPERLESS ORDER GRANTING 79 Motion for Leave to File Excess Pages. Signed by Judge Paula Xinis on 2/6/2020. (tb2s, Chambers) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
81

REPLY to Response to Motion re 60 MOTION to Dismiss filed by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce.(Ehrlich, Stephen) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

PACER
82

MOTION to Withdraw as Attorney by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox (Attachments: # 1 Text of Proposed Order)(Minnis, Terry) (Entered: 02/10/2020)

Feb. 10, 2020

Feb. 10, 2020

PACER
83

PAPERLESS ORDER granting 82 Motion to Withdraw as Attorney. Attorney Denise Hulett terminated. Signed by Judge Paula Xinis on 2/11/2020. (ybs, Deputy Clerk) (Entered: 02/11/2020)

Feb. 11, 2020

Feb. 11, 2020

PACER
84

MOTION to Withdraw as Attorney by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox (Attachments: # 1 Text of Proposed Order)(Minnis, Terry) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
85

PAPERLESS ORDER granting 84 Motion to Withdraw as Attorney. Attorney Julia A Gomez terminated. Signed by Judge Paula Xinis on 5/12/2020. (ybs, Deputy Clerk) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
86

PAPERLESS NOTICE of Hearing: Motion Hearing set for July 20, 2020 at 10:00 a.m. before Judge Paula Xinis. (tb2s, Chambers) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
87

PAPERLESS NOTICE: The Motions Hearing set for July 20, 2020 will be held via zoom video conference. An invitation link will be emailed to the parties within 24 hours of the proceeding. (tb2s, Chambers) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

PACER
88

MOTION to Appear Pro Hac Vice for Andrea E. Senteno (Filing fee $100, receipt number 0416-8741722.) by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox(Minnis, Terry) (Entered: 07/07/2020)

July 7, 2020

July 7, 2020

PACER
89

PAPERLESS ORDER granting 88 Motion to Appear Pro Hac Vice on behalf of Andrea E Senteno. Directing attorney Andrea E Senteno to use the attorney's existing CM/ECF login and password previously issued in this Court. The account password can be reset at http://www.mdd.uscourts.gov/electronic-case-filing-password-reset. Signed by Clerk on 7/10/2020. (srds, Deputy Clerk) (Entered: 07/10/2020)

July 10, 2020

July 10, 2020

PACER
90

(FILED IN ERROR) PAPERLESS NOTICE: A recorded call has been scheduled for August 7, 2020 at 10:00 a.m. Instructions will be emailed to the parties. (tb2s, Chambers) Modified on 7/22/2020 (jf3s, Deputy Clerk). (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER
91

PAPERLESS ORDER: The virtual Motions Hearing set for July 20, 2020 has been RESCHEDULED to July 22, 2020 at 10:00 a.m. An invitation link will emailed to the parties within twenty-four hours of the proceeding. Signed by Judge Paula Xinis on 7/16/2020. (tb2s, Chambers) (Entered: 07/16/2020)

July 16, 2020

July 16, 2020

PACER
92

NOTICE by Steven Dillingham, Wilbur L. Ross, U.S. Census Bureau, U.S. Department of Commerce of Presidential Memorandum (Attachments: # 1 Presidential Memorandum)(Ehrlich, Stephen) (Entered: 07/21/2020)

July 21, 2020

July 21, 2020

PACER
93

NOTICE by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox of Intent to Seek Leave to Amend Complaint (Minnis, Terry) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
94

Motion Hearing held on 7/22/2020 re 60 MOTION to Dismiss First Amended Complaint filed by Defendants - Argued - DENIED as MOOT without prejudice; and GRANTING Plaintiffs Leave to File a Second Amended Complaint pursuant to F.R.Cv.P. 15, all as stated by and before Judge Paula Xinis. (Court Reporter: Marlene Kerr via Zoom) (tds, Deputy Clerk) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER
95

ORDER granting Plaintiffs' motion for leave to amend the Complaint; denying as MOOT and without prejudice 60 Motion to Dismiss. Signed by Judge Paula Xinis on 7/22/2020. (ybs, Deputy Clerk) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

RECAP
96

TRANSCRIPT REQUEST by Lydia Camarillo, Rogene Gee Calvert, Candy L. Gutierrez, Zeenat Nisha Hasan, La Union Del Pueblo Entero, Promise Arizona, Juanita Valdez-Cox for proceedings held on 7/22/2020 before Judge Paula Xinis.(Perales, Nina) (Entered: 07/22/2020)

July 22, 2020

July 22, 2020

PACER

Case Details

State / Territory: Maryland

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Sept. 13, 2019

Closing Date: April 2, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Latino and Asian American individuals from multiple states and civic engagement nonprofit organizations representing those communities.

Plaintiff Type(s):

Non-profit NON-religious organization

Non-profit religious organization

Attorney Organizations:

Asian Americans Advancing Justice | AAJC

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Commerce, Federal

U.S. Census Bureau, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

42 U.S.C. § 1985

Constitutional Clause(s):

Enumerations Clause

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Form of Settlement:

Voluntary Dismissal

Issues

General:

Funding

Government Services

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Record-keeping

Records Disclosure

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Race:

Asian/Pacific Islander

National Origin/Ethnicity:

Hispanic