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Politics and Government

Court rules Trump can’t exclude people living in U.S. illegally as congressional district are redrawn

Colorado sued the Trump administration to prevent the rule from going into effect. Gov. Jared Polis and Attorney General Phil Weiser applauded the ruling.

An image of a congressional district map crafted as part of the 2011 redistricting process. (Screenshot)

By Mike Schneider, The Associated Press

ORLANDO, Fla. — A panel of three federal judges on Thursday blocked an order from President Donald Trump that tried to exclude people in the country illegally from being counted when congressional districts are redrawn.

Colorado was among the states, cities and organizations that sued to block the change.

The federal judges in New York, in granting an injunction, said the presidential order issued in late July was unlawful and the harm it would cause would last a decade. The judges prohibited Commerce Secretary Wilbur Ross, whose agency oversees the U.S. Census Bureau, from excluding people in the country illegally when handing in 2020 census figures used to calculate how many congressional seats each state gets.

According to the judges, the presidential order violated laws governing the execution of the once-a-decade census and also the process for redrawing congressional districts known as apportionment by requiring that two sets of numbers be presented — one with the total count and the other dealing with people living in the country illegally.

The judges said that those in the country illegally qualify as people to be counted in the states they reside. They declined to say whether the order violated the Constitution.

MORE: Who should represent Colorado? The answers take shape this week as census, redistricting hit key phases

“Throughout the Nation’s history, the figures used to determine the apportionment of Congress — in the language of the current statutes, the ‘total population’ and the ‘whole number of persons’ in each State — have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without,” the judges wrote.

Opponents of the order said it was an effort to suppress the growing political power of Latinos in the U.S. and to discriminate against immigrant communities of color. They also said undocumented residents use the nation’s roads, parks and other public amenities and should be taken into account for any distribution of federal resources.

The lawsuits challenging the presidential order in New York were brought by a coalition of cities, civil rights groups and states led by New York. Because the lawsuits dealt with questions about apportionment, it was heard by a three-judge panel that allows the decision to be appealed directly to the U.S. Supreme Court.

“This is the most blatantly unconstitutional act I’ve ever encountered in years litigating the federal government,” Dale Ho, director of the ACLU’s Voting Rights Project, one of the group’s that challenged the order, said in an interview.

After Trump issued the order in July, a half dozen lawsuits around the U.S. were filed by states, cities and civil rights groups challenging its legality and constitutionality.

The New York case is the first to get a ruling, but there are other issues the New York judges didn’t address that could be addressed in the other court cases. Those include whether the order violated governmental administrative procedures and whether the Census Bureau will have to use a statistical method to calculate who is in the country illegally, which the Supreme Court has ruled can’t be done for apportionment numbers.

The lawsuits said there was no reliable method for counting people in the U.S. illegally and the order would have diminished the accuracy of the census.

“I applaud the court today for ruling against the Trump administration’s master plan to rig apportionment to exclude valued members of our communities, and to prevent true representation of our country in Congress,” said Gov. Jared Polis, a Democrat, said in a written statement. “The court came to the correct decision and now all Coloradans, no matter their immigration status, will be counted for apportionment purposes.”

Colorado Attorney General Phil Weiser, also a Democrat, said the “U.S. Constitution and federal law clearly require a count of the ‘whole number of persons’ living in the United States, whether citizen or non-citizen.”

“The administration acted illegally to hurt Colorado, undermine our representation in Congress, and deprive us of federal dollars that we are entitled to. Now it’s time for the federal government to move forward with a full and lawful census,” Weiser said in a written statement.

The Commerce Department didn’t respond to an emailed inquiry.

Colorado Sun reporter Jesse Paul contributed to this report.

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