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Case Name New York Immigration Coalition v. U.S. Department of Commerce PB-NY-0033
Docket / Court 1:18-cv-05025 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Public Benefits / Government Services
Case Summary
On March 26, 2018, the Secretary of Commerce ordered that the 2020 Census include a question about citizenship of all U.S. residents for the first time since 1950. On June 6, 2018, the New York Immigration Coalition, Casa, the American-Arab Anti-Discrimination Committee, the ADC Research Institute, ... read more >
On March 26, 2018, the Secretary of Commerce ordered that the 2020 Census include a question about citizenship of all U.S. residents for the first time since 1950. On June 6, 2018, the New York Immigration Coalition, Casa, the American-Arab Anti-Discrimination Committee, the ADC Research Institute, and Make the Road New York—all advocacy and policy organizations—filed this action against the Department of Commerce and Bureau of Census in response. Represented by private counsel, the New York Civil Liberties Union, and the ACLU, the plaintiffs alleged that the question was a form of intentional discrimination directed at immigrant community of color to deter them from participation in the Census. Such underreporting would subsequently affect the allocation of federal resources to these communities and their political representation in federal and state government. They claimed that the question was motivated by discriminatory animus and the Trump Administration's hostility toward people of color and immigrant communities. Any rationale stated was blatantly pretextual: the intentional discrimination would violate the Fifth and Fourteenth Amendments equal protection and due process and the arbitrary and unconstitutional federal action would violate the Administrative Procedure Act. The plaintiffs sought declaratory relief, a preliminary and permanent injunction, and attorneys' fees and costs on behalf of their members, as well as for the organizations themselves for the funding they receive as the result of Census data.

The case was assigned to Judge Jesse M. Furman as related to States v. U.S. Department of Commerce. On June 13, the cases were informally consolidated and coordinated for purposes of scheduling and case management.

On June 29, the Department of Commerce filed a motion to dismiss that the plaintiff organizations lacked standing to sue on behalf of their membership. Moreover, they claimed that the plaintiffs failed to state an Enumeration Clause claim or an Equal Protection claim. On July 26, the court granted in part and denied in part the motion to dismiss. The court held that the Secretary of the Department of Commerce did not have a blanket protection from judicial review; that rather, the purpose of the judiciary is exactly to review the conduct of other political branches. The court concluded that under the Enumeration Clause, the question was not whether the Secretary exercised his authority in a discriminatory manner, but whether he had the authority to add a question about citizenship to the Census. Those questions about his authority to exercise executive power were dismissed. However, the court found that the plaintiffs sufficiently alleged a plausible Equal Protection claim under the Due Process clause. The case was allowed to proceed to discovery, though the court noted that the Enumeration Clause and Census Act granted the Secretary of Commerce broad authority over the Census.

As of August 28, 2018, these two cases remain coordinated. The plaintiffs had sought leave to file an amended complaint in August based on newly acquired discovery and false testimony. They requested to add the Department of Justice, the Attorney General, and the Acting Assistant Attorney General to the complaint and the court had not yet ruled on the motion.

Chelsea Rinnig - 08/29/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Discrimination-basis
Immigration status
National origin discrimination
Race discrimination
General
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Racial profiling
Voting access
Immigration/Border
Immigration lawyers
Status/Classification
Plaintiff Type
Non-profit NON-religious organization
Race
Race, unspecified
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Ex parte Young (federal or state officials)
Defendant(s) Secretary of Commerce
Plaintiff Description Public policy organizations that advocate on behalf of immigrant communities of color.
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2018
Case Ongoing Yes
Case Listing PB-NY-0032 : States v. U.S. Department of Commerce (S.D.N.Y.)
Docket(s)
1:18-cv-5025 (S.D.N.Y.)
PB-NY-0033-9000.pdf | Detail
Date: 09/04/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
PB-NY-0033-0001.pdf | Detail
Date: 06/06/2018
Source: PACER [Public Access to Court Electronic Records]
Opinion and Order [ECF# 70] (S.D.N.Y.)
PB-NY-0033-0002.pdf | Detail
Date: 07/26/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Plaintiffs' Motion to File an Amended Complaint [ECF# 99]
PB-NY-0033-0003.pdf | Detail
Date: 08/22/2018
Source: PACER [Public Access to Court Electronic Records]
Judges Furman, Jesse Matthew (S.D.N.Y.)
PB-NY-0033-0002 | PB-NY-0033-9000
Plaintiff's Lawyers Abudu, Nancy G (Florida)
PB-NY-0033-0003 | PB-NY-0033-9000
Bauer, Andrew B. (New York)
PB-NY-0033-0001 | PB-NY-0033-0003
Brannon, Sarah (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Cherry, Ceridwen (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Dunn, Christopher (New York)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Eisenberg, Arthur (New York)
PB-NY-0033-0001 | PB-NY-0033-0003
Freedman, John A. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Gersch, David P. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Grossi, Peter Thomas Jr. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Grossman, Perry M. (New York)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Hausman, David (New York)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Ho, Dale E. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Jacobson, Daniel F. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Jones, Robert Stanton (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Katz, Nicholas (Maryland)
PB-NY-0033-0001 | PB-NY-0033-0003
Kelly, Caroline D. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Khalaf, Samer E. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Lao-Scott, Christine G. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Leff, Jay Z. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Raines, Chase R, (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Rosborough, Davin (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Rubel, Eric A. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Theodore, Elisabeth S. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Weiner, David J. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Weiner, Robert N. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Wootton, Barbara H. (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003
Yong, Dylan Scot (District of Columbia)
PB-NY-0033-0001 | PB-NY-0033-0003 | PB-NY-0033-9000
Defendant's Lawyers Bailey, Kate (District of Columbia)
PB-NY-0033-9000
Coyle, Garrett Joseph (District of Columbia)
PB-NY-0033-9000
Ehrlich, Stephen (District of Columbia)
PB-NY-0033-9000
Federighi, Carol (District of Columbia)
PB-NY-0033-9000
Paltzik, Edward Andrew (New York)
PB-NY-0033-9000
Tomlinson, Martin (District of Columbia)
PB-NY-0033-9000
Other Lawyers Adams, Rory Edward (District of Columbia)
PB-NY-0033-9000
Bannai, Lorraine K. (Washington)
PB-NY-0033-9000
Cahn, Albert Fox (New York)
PB-NY-0033-9000
Case, Andrew (New York)
PB-NY-0033-9000
Chang, Robert S. (Washington)
PB-NY-0033-9000
Libby, John F. (California)
PB-NY-0033-9000
Pees, Robert Hardy (New York)
PB-NY-0033-9000
Petrossian, Emil (California)
PB-NY-0033-9000
Schoenfeld, Alan E. (New York)
PB-NY-0033-9000

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