The Justice Department announced on July 7 that it will change the team of lawyers who have been defending the Trump administration’s bid to reinstate the citizenship question on the U.S. Census.
Spokeswoman Kerri Kupec didn’t give a reason for the change. An official at the department said the new team would be a mix of career and political appointees, including lawyers who work in the consumer protection branch.
The Trump administration is pressed for time to include the question on questionnaires that will be distributed to residents for the 2020 headcount.
Reasons Given
Commerce Secretary Wilbur Ross, who oversees the Census Bureau, argued (pdf) that an accurate citizen count is needed to properly enforce Section 2 of the Voting Rights Act of 1973, which protects minorities from unfair redistricting.To challenge the legality of voting districts, the Justice Department needs citizen voting-age population data, which is currently taken from the American Community Survey (ACS). The ACS only surveys about 2.6 percent of the population a year. Such data is not accurate enough “especially for certain lower population areas or voting districts,” Ross argued.
Chief Justice John Roberts, joined by the left-leaning minority on the court, wasn’t convinced by the explanation, saying the administration “contrived” it.
President Donald Trump recently listed several reasons for including the question.
Opposition
Prominent Democrats, such as Sen. Dianne Feinstein (D-Calif.), have opposed including the question, saying it would scare immigrants, presumably illegal immigrants, from responding to the census (pdf).There’s no evidence that the government has used census surveys to find and deport illegal immigrants. Moreover, the question doesn’t touch upon the legality of the respondent’s presence in the United States. It only differentiates between citizens and noncitizens, lumping legal immigrants who have yet to obtain citizenship with illegal immigrants.
Political Advantage
Democrats have an incentive to get as many illegal immigrants counted as possible. Under the current interpretation of the Constitution, seats in the House of Representatives are allocated based on the total population, regardless of citizenship. Illegal immigrants concentrate in Democrat-dominated areas and a higher count would thus give the areas more representatives in Congress and thus more electoral votes in picking the next president.The Census population count also serves as a basis for allotting hundreds of billions of dollars in federal funding every year.
Even if including the question didn’t affect the response rate among illegal immigrants, it may still be politically disadvantageous to Democrats, argued Ben Weingarten, national security and foreign policy analyst at the London Center for Policy Research.