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Census due to count all immigrants
Law News ^ | January 16, 2021 | Lyle Denniston

Posted on 01/16/2021 4:48:55 PM PST by Lurking Libertarian

A part of government anti-immigrant policy that President Trump and his aides pursued throughout their four years in office reached its end on Friday in a federal courthouse in California. The aim was to exclude up to 11 million undocumented immigrants from being counted in the 2020 census. Trump’s legal team told a federal judge that the plan cannot be finished before the new Biden Administration opens next Wednesday.

Here is what President Trump and his Republican allies are now losing: the chance to gain seats for “red” (Republican-oriented) states in the U.S. House of Representatives and, with that, increased power in the Electoral College as it chooses future presidents, plus a push of those millions of foreign nationals outside of the American political community.

Although they cannot vote, those immigrants have had and will continue to have representation in Congress as long as they are counted in the census, according to the Constitution. That means that Congress will pay some attention to their interests, in the same way as lawmakers are expected to do for other constituents who cannot vote – children and, in most states, prison inmates.

What remains of the Trump plan on paper can be wiped out, and is expected to be, very soon after President Biden is sworn into office, by sending new Administration lawyers to notify courts that exclusion will no longer be official policy. The policy, though energetically pursued, has never been implemented because of court challenges and because the Census Bureau never could figure out how to accomplish the Trump goal.

(Excerpt) Read more at lyldenlawnews.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: census; illegals; immigration
President Trump's executive order was challenged before SCOTUS, which held that California lacked standing to challenge it because there was no proof that California would actually lose a congressional seat. So it sent the case back to the lower court with no ruling on the merits.
1 posted on 01/16/2021 4:48:55 PM PST by Lurking Libertarian
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To: Lurking Libertarian
With an exception or two, our cowardly SCOTUS in toto is part of the problem facing America.

2 posted on 01/16/2021 4:52:35 PM PST by Governor Dinwiddie (Stop The Steal)
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To: Lurking Libertarian

Sickening.


3 posted on 01/16/2021 4:53:54 PM PST by Williams (Stop Tolerating The Intolerant)
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To: Governor Dinwiddie

Expect 100% more than estimated. Just sayin.


4 posted on 01/16/2021 4:55:16 PM PST by Boardwalk (Lets)
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To: Lurking Libertarian
The aim was to exclude up to 11 million undocumented immigrants from being counted in the 2020 census.

So now it is only "up to 11 million".

The number hit 11 million and stopped (probably because polling showed anything above 10 million rapidly built opposition). Hundreds of thousands or millions more sneaked in every year, very few died, left or became legal but somehow that stays at 11 million. Math like that is what drove Georg Cantor mad.

5 posted on 01/16/2021 4:56:20 PM PST by KarlInOhio (The greatest threat to world freedom is the Chinese Communist Party and Joe Biden is their puppet.)
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To: Lurking Libertarian

Of course breathing humans of every stripe will be counted in the Census if Census can get a count or means-tested estimate.

It doesn’t mean that a person counted is included in the apportionment population.

Census counts vs. Apportionment Counts.

Democrats want the former included in the latter without condition; Republicans the latter as a strict subset of legal residents .


6 posted on 01/16/2021 5:37:39 PM PST by Hostage (Article V)
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To: Lurking Libertarian

Counting immigrants is fine. Counting illegal aliens breaking into the country is not.


7 posted on 01/16/2021 5:51:20 PM PST by Dragonspirit (CNN is the enemy. Ashli Babbitt is the hero.)
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To: Dragonspirit
Counting immigrants is fine. Counting illegal aliens breaking into the country is not.

The Constitution says that "Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state" (14th Amendment, section 2). The Administration's position is that illegal aliens are not "persons," which suggest that when we find illegal aliens, we should be calling not ICE, but rather Animal Control.

Legally, this was a position that would never fly. The remedy is to deport illegals, not to pretend that they aren't people.

8 posted on 01/16/2021 6:22:33 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: KarlInOhio

I’m 40 years old, and I’d like to say I’ve been hearing the 11 million number for illegal aliens since George W. Bush’s first term. Which is now making me kind of curious as to whether or not that number was determined that way back then.


9 posted on 01/16/2021 8:00:04 PM PST by Antihero101607
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To: Lurking Libertarian

“Person” is a legal term IIRC.

Not a “person” under the law does not mean “not a human being”


10 posted on 01/16/2021 8:57:33 PM PST by SecAmndmt (Aim small, miss small)
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To: KarlInOhio

They’ve been using that 11 million number since the ‘90s.


11 posted on 01/16/2021 11:10:18 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: Governor Dinwiddie

Yes. Silly me.I really did expect the SCOTUS to uphold the LAW.

Disappointment doesn’t even come close to my feelings.


12 posted on 01/17/2021 4:08:51 AM PST by originalbuckeye ('In a time of universal deceit, telling the truth is a revolutionary act'- George Orwell.)
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To: SecAmndmt
“Person” is a legal term IIRC. Not a “person” under the law does not mean “not a human being”

In some legal contexts, the word "person" means "human being" plus some other things (corporations, trusts, etc.). I am aware of no legal context in which a born human being is not a "person."

13 posted on 01/17/2021 10:18:02 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian

Were women “persons” under the law before they were given the right to vote?


14 posted on 01/17/2021 10:38:10 AM PST by SecAmndmt (Aim small, miss small)
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To: SecAmndmt
Were women “persons” under the law before they were given the right to vote?

Of course. Killing a woman was considered murder. And women were counted in the census.

15 posted on 01/17/2021 2:12:59 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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