Things That Matter

Trump Ignores Constitution To Target Undocumented Residents In 2020 Census Once Again

Despite losing his battle to put a citizenship question on the 2020 Census (the case made it all the way to the U.S. Supreme Court), Trump’s attack on undocumented residents isn’t over yet. This time, the president is targeting states who have large undocumented communities by excluding them from Congressional reapportionment. In particular, Trump wants to exclude them from the numbers used to determine how many seats in Congress each state will have for the next 10 years.

It’s a blatant attempt to subvert the constitutional requirement that the census conduct “an actual enumeration” of the “whole number of free persons” in the U.S. There have been legislative and regulatory tweaks over the years to accommodate unusual situations — omitting, say, foreign diplomats and their families in the country at the time of the count — but there is nothing in the Constitution that says people must be citizens to be counted for purposes of reapportionment

Trump targets undocumented residents once again in a new executive order.

Trump issued an executive order that calls for an unprecedented change to the constitutionally mandated count of every person living in the country. His directive instructs the U.S. Census Bureau to not count undocumented immigrants for purposes of apportioning seats in the House of Representatives, targeting states like California, Texas and New York with large communities of residents who lack a legal immigration status.

If enacted, however, the policy could have a seismic political impact, as states can gain or lose seats in the House every 10 years after the census, depending on how their populations compare to others. The census data is also used to allocate federal resources to states and local communities, however, Trump’s order doesn’t target this funding.

Dale Ho, an ACLU attorney who fought against Trump’s proposed citizenship question, signaled that a new lawsuit could be in the works against Tuesday’s directive. 

“The Constitution requires that everyone in the U.S. be counted in the census. President Trump can’t pick and choose. He tried to add a citizenship question to the census and lost in the Supreme Court,” Ho said in statement. “His latest attempt to weaponize the census for an attack on immigrant communities will be found unconstitutional. We’ll see him in court, and win, again.”

Congress represents all people in their states – not just citizens.

The U.S. has long counted non-citizens, including undocumented residents, for the purpose of congressional apportionment. The Constitution says that each state must have at least one representative, and that the apportionment of others should be based on an enumeration of the population.

Therefore, Trump’s authority to exclude unauthorized immigrants is expected to face court challenges, as it appears to be a direct attack on the constitution and the 14th Amendment.

Until the 14th Amendment was ratified in the 1860s, enslaved African Americans were counted as three-fifths of a person for congressional apportionment. American Indians “not taxed” were excluded until 1940.

The 14th Amendment also requires the enumeration of “the whole number of persons in each State.”

The new order comes after the Trump administration has repeatedly tried to change the 2020 Census.

Trump’s new order is part of an ongoing effort to exclude undocumented residents, and part of his campaign to fundamentally change how the government conducts its census every 10 years.

Late last year, the Trump administration proposed including a question on U.S. citizenship during the 2020 census. But its efforts do so, which it said were aimed at enforcing the Voting Rights Act of 1965, elicited a flurry of legal challenges that ended up at the Supreme Court, which blocked the administration from adding the question in time for the questionnaires to be printed.

During the litigation over the question, it was revealed that Thomas Hofeller, a now deceased conservative political operative, played a role in helping the administration craft the justification for the citizenship question addition, which he said in a 2015 study would allow officials to draw electoral maps advantageous to “Republicans and Non-Hispanic Whites.”

Trump’s order could have a major impact on several states’ representation in Congress.

Several U.S. states have large undocumented residents populations and many of them regularly vote Democratic. This order, if enacted, would have a major effect on congressional representation and would shift political power away from reliably blue states to reliably red states.

Two of the states losing electoral votes — California and New York — are reliably Democratic. Two states gaining — Alabama and Ohio — usually vote Republican.

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Rite Aid Refused To Give Undocumented Residents The COVID-19 Vaccine Even Though They’re Eligible

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Rite Aid Refused To Give Undocumented Residents The COVID-19 Vaccine Even Though They’re Eligible

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As the United States ramps up its vaccination program (with more than two million people getting vaccinated each day), many Americans are eager to get that jab in the arm. But who is eligible varies from state to state and sometimes even county to county.

Despite the different eligibility thresholds in each state (depending on age group or risk factors), there is no immigration requirement whatsoever at the federal, state or local level. However, not all places are following that guideline and some undocumented residents are being incorrectly turned away.

The pharmacy chain Rite Aid is apologizing after two undocumented residents were denied vaccines.

The giant pharmacy chain Rite Aid has apologized to two undocumented immigrants who the company said were “mistakenly” denied COVID-19 vaccinations at Southern California stores. However, since then, the two women have been invited back by Rite Aid to get their vaccinations and the chain has issued an apology.

Rite Aid spokesperson Christopher Savarese described both cases as “isolated” incidents resulting from workers at the stores not following established protocols for vaccine eligibility. The employees will be re-educated on the protocols to make sure everyone is on the same page.

In a statement later sent to ABC News, Rite Aid officials said, “In such an unprecedented rollout, there are going to be mistakes and there will be always areas for providers to improve — we’re seeking out those opportunities every day.”

Savarese added, “This is very important to us that this is corrected. Both of the situations that we’re talking about have been resolved, and both of those people will be getting their vaccine at Rite Aid.”

To clarify, just who is eligible for the vaccine at this moment?

Although vaccine eligibility does vary from state to state, even county to county, there is nothing requiring that someone prove their immigration status to receive a vaccine. Rep. Tony Cárdenas, who represents Los Angeles, told ABC News that the legal immigration status of a person is not supposed to interfere with them getting vaccinated.

“That is not a requirement whatsoever at the federal, state or local level, and that organization (Rite Aid) has been told very clearly that that was wrong, and they immediately apologized for doing so, but it left the woman very distraught,” Cárdenas told KABC of Rager’s employee.

On Feb. 1, the federal Department of Homeland Security issued a statement that the agency and its “federal government partners fully support equal access to the COVID-19 vaccines and vaccine distribution sites for undocumented immigrants.”

“It is a moral and public health imperative to ensure that all individuals residing in the United States have access to the vaccine. DHS encourages all individuals, regardless of immigration status, to receive the COVID-19 vaccine once eligible under local distribution guidelines,” the DHS statement reads.

However, the confusion over whether undocumented immigrants qualify to receive vaccine has continued to occur not only in Southern California, but elsewhere in the country. The University of Texas Rio Grande Valley issued an apology to at least 14 people who were rejected Feb. 20 at its vaccination site because they could not provide proof of U.S. residency.

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President Biden Introduces Legislation To Create Pathway To Citizenship For 11 Million Undocumented People

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President Biden Introduces Legislation To Create Pathway To Citizenship For 11 Million Undocumented People

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President Joe Biden promised that he would introduce legislation to create a pathway to citizenship for 11 million undocumented people. The president has followed through with the promise and all eyes are on the government as millions wait to see what happens next.

President Joe Biden has been busy the first couple of weeks of his presidency.

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President Biden is proposing a pathway to citizenship that millions of people in the U.S. have been asking for. There are around 11 million people who are undocumented in the U.S. The pathway to citizenship will take time, according to the legislation, but some people will have time shaved off of their pathway, including Deferred Action for Childhood Arrivals (DACA) beneficiaries, Temporary Protected Status (TPS) holders, and farm workers who have worked throughout the pandemic.

The U.S. Citizenship Act of 2021 is designed to change the immigration system that has created a backlog of immigration cases. There are multiple steps in the proposed legislation starting with creating a pathway to citizenship. Those who would benefit from the bill are people who are physically in the U.S. by January 2, 2021.

First, the bill allows for people to apply for temporary legal status. After five years, and if the person passes a criminal and national security background check, they can apply for a green card. Three years after that, people who pass further background checks and demonstrate a knowledge of English and civics can apply for citizenship.

A line in the bill aims to help people deported during the previous administration.

“The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017, who were physically present for at least three years prior to removal for family unity and other humanitarian purposes,” reads the proposed legislation.

The bill also wants to change the word “alien” to “noncitizen” in immigration laws to embrace the country’s stance as a country of immigrants.

The legislation has been introduced and now immigration activists are waiting to see it happen.

The legislation tackles several issues that have plagued the immigration system in the U.S. The bill proposes increasing visa limits for certain countries, keeping families together, removing discrimination against LGBTQ+ families, and so many other initiatives to start reforming the immigration system.

President Biden has been offering executive orders that are in the same vein as the bill. Many have aimed as fixing issues that were created by the previous administration and the president is not hiding from it.

“There’s a lot of talk, with good reason, about the number of executive orders I’ve signed. I’m not making new law. I’m eliminating bad policy,” Biden told reporters in the Oval Office while signing executive orders. “What I’m doing is taking on the issues that, 99 percent of them, that the last president of the United States issued executive orders I thought were counterproductive to our national security, counterproductive to who we are as a country. Particularly in the area of immigration.”

The undocumented population peaked in 2007 at 12.2 million and has declined since then. There are at least 4.4 million people in the U.S. with at least one undocumented parent, according to the Migration Policy Institute.

READ: President Joe Biden Signs Executive Order To Preserve DACA

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