On Thursday, September 10th, a panel of federal judges ruled that President Donald Trump’s order to subtract the number of unauthorized immigrants from the census data in each state violates federal law. In July, President Trump ordered the U.S Department of Commerce to collect data about whether census respondents were legally living in the country, and then subtract the number of unauthorized immigrants from the census numbers.
Thirty-six states, the District of Columbia, fifteen cities and counties, a coalition of non-government organizations, and the United States Conference of mayors immediately fought the order, identifying it as an unconstitutional move that will strip citizens nationwide of appropriate federal funding and political representation.
The judicial panel made up of U.S. Circuit Judges Richard C. Wesley, Peter W. Hall, and U.S. District Judge Jesse M. Furman, unanimously sided with the plaintiffs noting that the memo violated the law by seeking to change the apportionment base. The panel explained the order disrupts Congress’s delegation of constitutional responsibility to count the whole number of persons in each state and the apportion members of the House of Representatives among the states according to their respective numbers.