The Supreme Courtroom will hear Trump's attraction to exclude undocumented immigrants from the census used to find out Congressional districts
President Donald J. Trump will host a Make America Great event on October 15, 2020 in Greenville, NC, United States.
Peter Zay | Anadolu Agency | Getty Images
The Supreme Court announced on Friday that it would hear arguments on November 30th on an appeal by the Trump administration seeking to exclude the number of undocumented immigrants in the United States from the census data used to calculate the split of the congressional districts.
The ruling came three days after the Supreme Court issued a ruling that allowed the Trump administration to end field operations for the 2020 census effective that day, despite the 9th Circle Appeals Court still examining a pending appeal with which the number should be increased.
If the Trump administration wins the appeal on undocumented immigrants, states with relatively large numbers of such immigrants could lose seats in the House of Representatives.
A federal appeals court in Manhattan in September prevented the government from excluding undocumented residents from the census that sets the division of Congress two months after President Donald Trump announced his plan.
The Court of Appeals found in its ruling that throughout American history, the census of people in each state used to determine how many seats a state had in the House of Representatives "included anyone who was in the United States at the time of the census was resident, whether citizen or non-citizen and whether living here with or without legal status. "
The appeals court found that Trump's own memorandum outlining the new plan identified a state believed to be California "that would lose two or three seats in the House of Representatives if illegal aliens were excluded from the split basis would. "
A group of 22 states, the District of Columbia and 15 cities and counties, as well as the United States Mayors' Conference and a number of non-governmental organizations had challenged the Trump administration to the plan.
The appeals court agreed that Trump had exceeded his powers under the census law.
Under that law, the Department of Commerce must report a single set of numbers to the President – the total number of the total population of the United States – to the President, who in turn must "use the same set of numbers in context" with apportionment. "
"By instructing the Secretary to provide two series of numbers, one from the ten-year census and one not, and announcing that it is United States policy to use the latter in connection with the apportionment, the Presidential Memorandum is deviating from and in violation of it against the legal scheme, "said the appeals court.
"Second, the Presidential Memorandum is in violation of the Act on Partitioning because illegal aliens, while residing in the United States, are considered to be 'persons in' a 'state', as Congress does so Has used words. "
The Supreme Court recently announced that it would continue to hear cases remotely for at least the rest of the calendar year due to the coronavirus pandemic.