The federal Supreme Court ruled in favor of President Trump in this one lawsuit.
The U.S. Supreme Court ruled Dec. 18 that the federal government can exclude illegal immigrants from the 2020 census count and divide congressional seats and electoral college votes among states based on the legal U.S. population. This means that President Trump has won this lawsuit.
The U.S. Supreme Court voted 6/3 on Dec. 18 to rule that the federal government can exclude illegal immigrants from the 2020 census and divide congressional seats and electoral college votes among states based on the legal U.S. population.
The three justices who reportedly won the lawsuit against the Trump administration include Stephen Breyer, Sonia Sotomayor and Elena Kagan.
The Supreme Court took up Trump v. New York on Oct. 16, which calls for the reapportionment of House seats after the 2020 census to be done without regard to the number of local illegal immigrants.
President Trump also asked Commerce Secretary Wilbur Ross to provide him with two sets of data, one on the total number of local residents including illegal immigrants and the other on the number of residents excluding illegal immigrants.
A memo issued by the Trump administration on July 21 is the centerpiece of the case. The memo states that the U.S. government does not support granting congressional representation to aliens who enter or remain in the U.S. illegally because it would unduly stimulate illegal immigration into the U.S. and undermine the U.S. system of government.
After the memorandum was issued, 38 Democratic-controlled states, cities and counties, as well as several immigrant rights nonprofits, joined forces to sue the Trump administration.
Nine justices of the U.S. Supreme Court heard oral arguments in the case online on Nov. 30 and ruled in favor of the Trump administration on Dec. 18 with six justices in favor and three in opposition.
The Supreme Court explained that “the President has made clear his desire to exclude aliens without legal status, from the apportionment base. The president qualified his instructions by stating that information ‘shall’ be collected ‘to the extent practicable’ and that federal regulations ‘to the extent practicable’ be invoked to exclude aliens .”
Citing the 1983 case of Los Angeles v. Lyons, the Court stated that “any prediction of how the Executive Branch will ultimately implement this general policy statement is ‘little more than speculation’ at this time. “
The Supreme Court finally allowed the Trump administration to implement his counting policy. Current law requires the president to submit a mandatory reallocation report to Congress next month, which could lead to a reduction in federal funding for states with large populations of illegal immigrants.
The U.S. Constitution requires that the U.S. conduct a census every 10 years, the results of which are used to allocate state House seats and a total of $675 billion in federal grants.
According to a Pew Research Center report, California is likely to lose one congressional seat to 51 once President Trump’s exclusion is implemented.
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