Federal court cites Trump’s order excluding undocumented immigrants from census as ‘unlawful’

The three-panel judge federal court in Manhattan has issued the decision against President Donald Trump’s Presidential Memorandum seeking to exclude undocumented immigrants from population count.

The federal court judges who made the decision were Richard C. Wesley, Peter W. Hall, and Jesse M. Furman. The first to were appointed by President George W. Bush, while Furman was nominated by Barack Obama, as reported by The New York Times.

In July, President Trump has directed the federal government to exclude undocumented immigrants from the count as part of the deliberated allocation for the country’s House district, per The New York Times‘s previous report.

Trump’s directive resulted in two lawsuits with plaintiffs: “one a group of state and local governments and the United States Conference of Mayors, and the second a coalition of advocacy groups and other nongovernmental organizations.”

Federal court found Trump’s orders unlawful

CNN quotes the judges’ unanimous ruling, stating:

“We declare the Presidential Memorandum to be an unlawful exercise of the authority granted to the President by statute.”

On Thursday, the federal court found Trump‘s July order as a violation of the federal laws, specifically on the process of apportionment in how congressional seats. The petition for a permanent injunction to block the rule was, therefore, granted.

Although, the judges did not decide whether Trump’s memo was unconstitutional or not. As the president’s critics have since dubbed this said order as a violation of the Constitution.

This decision is reportedly the second blow to Trump’s administrative directives, most specifically on his census policies. During the Labor Day weekend, CNN reports that the federal court in California has hindered the Trump administration from “immediately winding down census operations.”

Trump’s move on scrapping original census count procedure

As The New York Times reports, since 1790, the United States has based the number of seats each state will hold in the House of Representatives on the census count. The census operations count every person living in the different states “regardless of citizenship or legal status.”

However, Trump has allegedly “tried to scrap” this traditional process. Instead, he told the Commerce Department, via a memorandum, that the Census Bureau shall submit two types of population counts.

One is the traditional process as mentioned above. While the second is an “estimate of the number of unauthorized immigrants living in each state.”

In a written statement acquired by the same media outlet, Trump has accused the “radical left” of concealing the actual count of “illegal aliens” in the United States.

Should Trump’s directive pushes through, states such as California and Texas, will have a reduced number of House seats, despite having a large population, because a big portion of that are immigrants.

 

Featured image courtesy of Evan El-Amin/Shutterstock

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