Trump mulls fresh action on census, but legal challenges likely

The White House is readying an executive order that would bar undocumented immigrants from the 2020 count

By Andrew Peng

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WASHINGTON — The White House is drafting an executive order that would prevent undocumented immigrants from being counted in the 2020 census, POLITICO and Reuters report. The expected order could be signed by President Trump as soon as Friday, but other details about the document were not immediately available.

• Sowing confusion: If signed, the order would spark fierce election year legal challenges, and it’s unclear if it could even impact the 2020 census — considering the U.S. Supreme Court blocked the Trump administration’s push to add a citizenship question last year. Constitutional scholars say any such order would likely be blocked or rescinded amid inevitable court action.
• But… the move would throw another wrench into a census process that has already been severely disrupted by the coronavirus pandemic, and could be intended to chill participation of undocumented immigrants— along with family members residing in the U.S. legally.
• Why this matters: The Census Bureau’s own research shows that Asian Americans are the least likely group to complete their census questionnaires —which are used to shape the distribution of federal dollars and political power for the next decade — and undocumented AAPI immigrants are particularly sensitive to the battles in Washington. Any undercount could result in reduced public funding and representation for AAPI communities, including for health care and interpretation services.
• Reaction: “If true, it’s unconstitutional and a clear attempt to silence our communities,” the D.C.-based advocacy nonprofit Asian Americans Advancing Justice | AAJC said. “Time and time again, our communities have shown we mobilize and stand up for what is right. We will not be erased. Participating in the census demonstrates our power.”
• Context: Despite its losses in the courts, the Trump administration has been pushing ahead in its efforts to figure out the U.S. citizenship status of every adult living in the country, NPR’s Hansi Lo Wang reports.
• For example: The Trump administration recently began gathering driver’s license data from at least four states, and the Census Bureau has been collecting records to “ensure that accurate citizenship data is compiled“ under an executive order issued last July.
• This story has been updated.

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