Things That Matter

Minority Communities Can Breathe A Little Easier As It’s Announced The 2020 Census Won’t Have The Citizenship Question Afterall

After weeks of uncertainty, it looks like we finally know the next steps for the 2020 Census.

It seemed all but clear today, Trump was going to try to use his executive authority to include a citizenship question on the 2020 Census. But at a news conference Thursday evening, Trump admitted defeat on the census and instead will be directing federal agencies to do his bidding for him.

Many imigrant rights activists and minority community leaders are claiming victory since having the citizenship question on the census could have intimidated some of the nation’s most vulnerable populations from participating.

At a Rose Garden press conference, Trump announced that he is giving up on his attempt to include the controversial citizenship question.

Credit: @thehill / Twitter

President Trump announced Thursday he is backing down from his effort to include a citizenship question on the 2020 census, and will instead take executive action that instructs the Commerce Department to obtain an estimate of U.S. citizenship through other means.

“I am hereby ordering every department and agency in the federal government to provide the Department of Commerce with all requested records regarding the number of citizens and noncitizens in our country,” Trump said in a Rose Garden announcement Thursday afternoon. “They must furnish all legally accessible records in their possession immediately. We will utilize these vast federal databases to gain a full, complete, and accurate count of the noncitizen population.”

Instead, Trump ordered government agencies to share information to figure out how many undocumented people are living in the US.

Credit: @nprpolitics / Twitter

And this has people wondering what will his government attempt to do with this information?

Also, many noted that the plan Trump is following now is the exact same plan the Census Bureau suggested last year but the administration ignored it only to return to it nearly a year later.

Trump’s press conference also showed that his White House is 100% running on chaos.

Credit: @ABC / Twitter

The final announcement also comes just hours after it was reported Trump was going to use an executive order to try and add the question to the 2020 Census – completely defying the Supreme Court.

Obviously, the administation is running on chaos as few people seem to know what the President is going to do from hour to hour.

Trump’s announcement comes just weeks after the Supreme Court denied the administration’s attempt to include the question.

Credit: @ACLU / Twitter

The Supreme Court late last month blocked a citizenship question from being added to the 2020 census.

The bitter controversy centers around whether the administration can ask all recipients a citizenship question on the 2020 census for the first time since 1950 — a move that could impact the balance of power in states and the House of Representatives, which are based on total population.

Adding the question, critics say, could result in minorities being undercounted by scaring off even legal residents or naturalized citizens from completing the questionnaire, which is also used to determine funding for an array of important government programs.

Many treated the news as a victory for immigrant’s rights and minority communities.

Credit: @dale_e_ho / Twitter

Immigration and civil rights groups opposing the administration’s efforts have argued that including a citizenship question on the census could reduce response rates in immigrant communities, resulting in federal funding cuts to areas with high minority populations and congressional districts being drawn in a fashion that would politically advantage Republicans.

A Census Bureau report released just last month estimated that adding the question was likely to reduce responses in households with at least one non-citizen by at least 8 percent.

Even though he was expected to back away from the citizenship question, lawmarkers were still worried.

Credit: @RepBarbaraLee / Twitter

Given that Trump had even floated the idea of defying a court order from the US Supreme Court shows that he tends to think like a dictator.

This has given many people many things to worry about.

One reporter noted the ominous sound of thunder rumbling overhead as Trump outlined his administration’s next steps.

I mean, why doesn’t this surprise me? His alternative plan to the citizenship question on the census is still to identify the number of undocumented people living in the country. What will he do with that information?

READ: Latinos Face Severe Underrepresentation With 2020 Census, Here’s Why That Matters

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New DACA Applications Were Processed At The End Of 2020 For The First Time In Years

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New DACA Applications Were Processed At The End Of 2020 For The First Time In Years

Sandy Huffaker / AFP / Getty Images

Update January 7, 2021

The lives of hundreds of thousands of young people in the U.S. were thrown into jeopardy in September 2017. That was when Deferred Action for Childhood Arrivals was originally halted by former Attorney General Jeff Sessions. Three years later, new applications are finally being processed.

More than 170 new DACA applications were approved at the end of 2020.

A report given to a federal court in Brooklyn shows that the Department of Homeland Security approved 171 new DACA applications. About 500 applications have been denied or rejected while more than 2,700 applications were submitted.

In June 2020, a federal judge ruled that President Trump wrongfully ended the DACA program in 2017. However, the then-acting head of the Department of Homeland Security stated that the department would not accept new applications. Furthermore, Chad Wolf’s memo stated that renewals would be made for one year instead of two years.

In November, a federal judge ruled that Wolf was illegally appointed to his position as acting head of DHS. The Trump administration didn’t challenge the ruling and it immediately invalidated Wolf’s memo. DHS was notified that they had to public post that new applications will be accepted.

If you want to submit a new DACA application or if yours lapsed during the uncertainty, click here for resources.

Original: In a major victory for the community, a federal judge has ruled that the Deferred Action for Childhood Arrivals (DACA), which was created by President Barack Obama in 2012, must be completely reinstated and open to new applicants starting today.

However, this case could still end up before the Supreme Court (which now has three conservative Trump appointees) making its future uncertain. This is why congressional action is so critical in protecting our friends, family, and neighbors from the whims of ever-chasing political landscapes.

DACA gets another lifeline as federal judge orders Trump to restart the program in full.

On Friday, a federal judge handed immigrants and their families a major victory with a ruling on DACA. Judge Nicholas Garaufis said in his ruling, that the terms of the federal program must be immediately restored to what they were “prior to the attempted rescission of September 2017” when the White House began a series of maneuvers to dismantle the program. 

The case is Batalla Vidal v. Wolf, and largely hinges on the argument that Chad Wolf – the DHS official who issued the memo ending the program – wasn’t acting within his legal authority to do so.

In his order, Garaufis said that DHS must “post a public notice, within 3 calendar days of this Order … that it is accepting first-time requests for consideration of deferred action under DACA.” Which means that unless a higher court blocks his order, DHS must begin accepting new applications for as soon as today. 

Garaufis also ordered the government to produce a status report on the DACA program to him by Jan. 4, and said it must include the number of first-time DACA applications it’s received, adjudicated, approved, denied and rejected from Nov. 14 to Dec. 31 of this year.

Eligible migrants will be able to apply for DACA protection immediately.

DACA currently protects about 640,000 undocumented young immigrants. As of July, an estimated 300,000 young people living in the U.S. are eligible for the program and still waiting for a chance to apply. That includes 55,000 who have aged into eligibility over the last three years.

So the good news for DACA-eligible immigrants is that, barring a decision from a higher court blocking Garaufis’s most recent order, those immigrants will soon be able to obtain DACA status. And even if the order is blocked, President-elect Joe Biden has also pledged to fully reinstate DACA once he takes office on January 20.

The judge also instructed officials to reinstate two-year permits for qualifying applicants. Over the summer, the administration had begun issuing one-year permits. 

This ruling is the latest blow to the administration’s attempts to undermine the Obama-era program.

Credit: Sandy Huffaker / AFP / Getty Images

Since taking office in 2017, the Trump administration has repeatedly tried to completely dismantle the DACA program. However, they’ve also faced serious pushback on the legal front in their attempts to do so.

In 2017, Trump’s DHS issued a memo that sought to wind down the DACA program, but the Supreme Court ruled last June that DHS’s initial attempts to end it were void because the department did not adequately explain why it was doing so.

Nevertheless, the future of DACA remains uncertain. For one thing, the Supreme Court’s June decision blocking the Trump administration’s initial attempts to end the program was a  5-4 decision, with the late Justice Ruth Bader Ginsburg in the majority. Since then, Trump has replaced Ginsburg with the far more conservative Justice Amy Coney Barrett. And even before Barrett arrived at the Supreme Court, several members of the Court had signaled that they thought DACA is illegal.

So there’s a reasonable likelihood that the Court’s new 6-3 Republican majority will strike down the DACA program even as Biden tries to preserve it.

Although a major win, the ruling could also have major consequences for Biden’s presidency.

Although a major win for the immigrant community, Garaufis’s ruling could have serious consequences for Biden’s presidency. In his opinion, Garaufis is basically placing limits on the authority presidents have to make acting appointments. And if the Senate remains under Republican control, they will essentially have the power to block any Biden nominee.

All of this boils down to the upcoming Georgia senate races. If Republicans win in either race, then Senate Majority Leader Mitch McConnell (R-KY) will continue to lead the Senate, and Republicans will have the power to block any Biden nominee to any Senate-confirmed job.

That’s why the January run off races in Georgia are bigger than just Georgia. They will help shape everything from the country’s COVID-19 response and foreign policy to how Biden fixes years of attacks on the nation’s immigrant community.

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Supreme Court Won’t Rule On Trump’s Case To Remove Undocumented People From The 2020 Census

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Supreme Court Won’t Rule On Trump’s Case To Remove Undocumented People From The 2020 Census

Patrick Semansky / Getty Images

Update December 17, 2020

The United States Supreme Court refused to rule on President Donald Trump’s attempt to have undocumented people removed from the 2020 census. The decision is another in a long line of losses for the Trump administration

The Trump administration lost their bid to have undocumented people kicked off the census count.

For months, organizations did everything they could to get everyone counted in the census. The Trump administration launched several attacks on the census to keep undocumented people from filling out their census. The Trump administration attempted to first include a citizenship question on the census and lost that battle because the Constitution has no stipulation on citizenship to participate in the census.

Another tactic by the Trump administration was to get the Supreme Court to allow them to stop the count early. The ongoing pandemic served as a reason by the court to end the count early to the dismay of immigrant activists. Door-to-door counting was stopped in the spring because of Covid-19.

President Trump’s last attempt to alter the census in the Republican Party’s favor was to have the Supreme Court exclude undocumented respondents. However, the Census Bureau said that there was not enough time to find the people and exclude them before the numbers were due to Congress. The administration was handed this loss around the same time that President Trump lost his attempts to overturn President-elect Joe Biden’s victory.

Original: The drama over the 2020 Census just won’t stop. It seems that we’re caught up in a never-ending (though all important) saga over the results from this year’s census count – one that could have a major impact on everything from congressional representation to federal funding.

The Trump Administration, in its conintued assault on the migrant community, has asked the Supreme Court for permission to exclude all undocumented residents from being counted – even though that has never happened in the country’s 244 year history.

During this week’s arguments over the case, the court’s justices all seemed to cast doubt on Trump’s plan but not necessarily for the same reasons. Though some immigration advocated worry that the Supreme Court is still set to grant the outgoing Donald Trump a lame duck victory that could cause major headaches for a President Biden.

The Supreme Court seemed skeptical of Trump’s plan to exclude undocumented immigrants from census.

On Monday, the Supreme Court heard arguments over Trump’s plan to exclude undocumented residents from the census count. But during an audio-only oral argument session that stretched to more than an hour and a half, there appeared to be few, if any, takers on the high court for Trump’s effort to leave all unlawful immigrants out of the critical count.

Even many of the court’s most conservative justices – including those Trump named to the court – seemed highly skeptical of the constitutionality of the president’s move, but they also expressed misgivings about ruling on that issue now when thorny questions about smaller groups of undocumented migrants could be just weeks away.

The court’s conservatives, who hold a 6-3 majority, signaled such a ruling might be premature based on the administration’s admission that it does not yet know how or if it will be able to implement the proposal.

Several of the justices seemed to imply that rushing a decision through would be a major mistake.

Even Trump’s own Census Bureau admitted that it has no idea yet how many people would be excluded or when it will have the answer. The justices appeared to be reluctant to act immediately to block the plan based on that admission alone.

“Career experts at the Census Bureau confirmed with me that they still don’t know even roughly how many illegal aliens they will be able to identify, let alone how their number and geographic concentration may affect apportionment,” said acting Solicitor General Jeffrey Wall, the government’s chief lawyer.

Near the outset of Monday’s session, Chief Justice John Roberts seemed to be urging some delay, despite the fact that the court urgently accelerated arguments in the case at the request of the Trump administration.

“What is the problem with post-apportionment litigation?” Roberts asked. “We don’t know what the secretary is going to do. We don’t know what the president is going to do. We don’t know how many aliens will be excluded. We don’t know what the effect of that will be on apportionment. All these questions would be resolved if we wait until the apportionment takes place.”

Much of the argument session turned on technical procedural questions about whether the suit is premature, since the Census Bureau hasn’t yet provided Trump with its report. Some justices also speculated that the number of foreigners the Census Bureau ultimately identifies as potentially subject to exclusion could wind up being so small that it wouldn’t have much impact on the apportionment of House seats among the states.

“I find the posture of this case quite frustrating,” Justice Samuel Alito said. “It could be we are dealing with a possibility that is quite important. It could be that this is much ado about very little.”

A ruling in Trump’s favor on this case would have serious implications for Democratic-leaning states.

Lawyers for the states that oppose the plan and groups affected by it told the justices that it would shift money and political power away from states with large immigrant populations and that it would violate the Constitution and federal law.

The Constitution requires a census every 10 years, and the results determine how many members of Congress each state gets in the House of Representatives. The data are also used to calculate local governments’ share of $1.5 trillion under many federal programs.

California, Florida and Texas would each lose one seat in the House, and Alabama, Minnesota and Ohio would each keep a seat they would otherwise lose to population shifts, according to an analysis by the Pew Research Center. Other predictions show Arizona losing a seat, too, and Montana gaining one.

The states would lose equal numbers of Electoral College votes, which are based on the size of their House delegations.

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