This is a case about President Trump’s July 21, 2020 memorandum titled “Excluding Illegal Aliens from the Apportionment Base Following the 2020 Census” to the Secretary of Commerce. This memo instructed the 2020 Census to exclude undocumented immigrants from the population data created for the purposes of congressional apportionment. Many felt this action was taken to deter participation by immigrant communities and communities of color in the 2020 Census, which would in turn deprive these communities of the political representation and federal financial resources to which they are entitled, and filed suit as a result.

In response to the memo, Haitian-Americans United, Inc., Brazilian Worker Center, Chelsea Collaborative, Inc. and Centro Presente—all non-profits serving immigrants of color across Massachusetts—filed this lawsuit in the U.S. District Court for the District Of Massachusetts on July 27, 2020. The plaintiffs sued President Trump, the U.S. Department of Commerce, the U.S. Bureau of the Census, Director of the U.S. Census Bureau Steven Dillingham, and Secretary of the Department of Commerce Wilbur Ross under the Administrative Procedure Act and 42 U.S.C. § 1985. Specifically, the plaintiffs alleged that the memo violated Article I, Section 2 of Constitution which specifies that congressional apportionment must be based on a total count of all persons because excluding undocumented residents will not result in the required of an "actual enumermation" of all persons and will chill immigrant participation in the 2020 census. The plaintiffs also alleged that the memo violated the right to equal protection as guaranteed by the Fifth Amendment becuase the memo "is motivated by racial animus towards immigrants of color, non-US citizens, foreign-born individuals, and undocumented individuals. The plaintiffs further argued that the President and the Secretary of Commerce have conspired to violate immigrants' and non-citizens' right to equal protection. Represented by Lawyers for Civil Rights, the plaintiffs sought declaratory relief that the memo was unconstitutional and that any compliance with the memo's instructions to the Census Bureau to produce tabulations of population data excluding undocumented residents for congressional apportionment violated the Administrative Procedure Act, and injunctive relief preventing the defendants from providing information to the President that would permit him to exclude undocumented immigrants from the congressional apportionment base. In addition, the plaintiffs sought costs and reasonable attorneys’ fees. The case was assigned to Judge Douglas P. Woodlock.

On September 4, 2020, the plaintiffs filed an application for a three-judge court because Section 2284(a) requires the appointment of a three-judge court in actions challenging “the constitutionality of the apportionment of congressional districts.” On September 11, 2020 Judge Woodlock granted the plaintiffs’ application. Judge Bruce M. Selya and Judge Patti B. Saris were appointed to the three judge panel alongside Judge Woodlock. As of September 26, 2020, this case is ongoing and the defendants have yet to file an answer.

Zoe Van Dyke - 09/26/2020


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