Statement from Corporation Counsel James E. Johnson on Court Ruling that President Trump Cannot Exclude Undocumented Immigrants from the Census

September 10, 2020

New York City Corporation Counsel James E. Johnson released the following statement today following a court ruling declaring the president’s plan to exclude undocumented immigrants from the apportionment base unlawful. 

Corporation Counsel James E. Johnson said, “The law is clear: every person must be counted in the census.  Every. Person. The stakes for this decision were high.  It’s not just about congressional representation, though that is essential, nor is it just about federal support though that is needed.  This decision is critical because it validates the yet to be realized promise of the constitution to validate the humanity of everyone.  Every. Person.”

Background:

In July, Attorney General James led a coalition of states, cities, and counties in filing a lawsuit against President Trump, Secretary of Commerce Wilbur Ross, and others after they announced that they would illegally leave millions of undocumented immigrants out of the apportionment base that establishes the number of members in the House of Representatives that each state receives. The lawsuit sought to stop the Trump Administration from violating the longstanding constitutional and statutory requirement to count the “whole number of persons” residing in the country for apportionment, without regard to immigration status.

Tonya Jenerette, Aaron Bloom, Cynthia Weaver, and Joseph Pepe of the Law Department's Impact Litigation Unit handled the case for New York City.

Contact
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