On May 21, 2018, Alabama and a representative from its Fifth Congressional District filed this lawsuit in the U.S. District Court for the Northern District of Alabama. The case was assigned to District Judge R. David Proctor. The plaintiffs sued the United States Department of Commerce and the United States Census Bureau under the Actual Enumeration Clause of Article I Section 2 of the Constitution, the Congressional Apportionment and Electoral College Apportionment Clauses of the Fourteenth Amendment, the Administrative Procedure Act, and the Declaratory Judgments Act. Represented by the Alabama Attorney General, the plaintiffs sought injunctive and declaratory relief, alleging that the Census Bureau’s policy of including all U.S. residents in the census count totals used for apportioning congressional seats and electoral votes, regardless of residents' citizenship status, was unconstitutional. They specifically alleged that including undocumented individuals in the population count deprived Alabama of its “rightful share of political representation,” because it had fewer undocumented immigrants relative to other states. The state also alleged that counting undocumented individuals violated the Constitution’s provisions governing congressional apportionment and the electoral college, as well as the federal government’s constitutional duty to conduct an “actual enumeration” of the population. The plaintiff claimed that it was harmed when it received less federal funding than other states because of its relatively low level of undocumented immigrants, and further argued that the Bureau’s policy of counting undocumented individuals was “arbitrary and capricious” and “contrary to law” under the Administrative Procedure Act (APA).

Over three dozen entities intervened as defendants, including 15 states, 6 counties, 9 cities, 2 organizations, 6 individuals, and the District of Columbia.

The Census Bureau moved to dismiss for lack of standing. The court, concluding that Alabama had adequately alleged Article III standing, dismissed the Bureau’s motion on June 5, 2019. 396 F.Supp.3d 1044.

On September 10, 2019, the plaintiffs filed an amended complaint, omitting its original claim that “the defendant’s decision to include illegal aliens in the census enumeration will likely cause the State of Alabama to lose federal and private funding.” On October 1, intervenor defendant Chicanos Por La Causa and six individuals filed a cross-claim against the federal government defendants, seeking a declaration that it would be unconstitutional for the Census Bureau to omit undocumented immigrants in the population totals it reports to the President and Congress for purposes of apportionment; an injunction barring the Census Bureau from reporting a tabulation omitting undocumented immigrants; and attorneys’ fees and costs.

As of June 23, 2020, dispositive motions are due by October 21, 2020.

Michael Beech - 02/09/2019
Bogyung Lim - 06/15/2020


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