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Civil Rights Litigation Clearinghouse
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Case Name New York Immigration Coalition v. Trump IM-NY-0079
Docket / Court 1:20-cv-05781 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Immigration and/or the Border
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
New York Civil Liberties Union (NYCLU)
Case Summary
This is a case about whether the federal government must include undocumented immigrants in the 2020 Census count. On July 21, 2020, President Trump issued a memo ordering the exclusion of undocumented immigrants from the state-population totals used to calculate the states apportionments. In ... read more >
This is a case about whether the federal government must include undocumented immigrants in the 2020 Census count. On July 21, 2020, President Trump issued a memo ordering the exclusion of undocumented immigrants from the state-population totals used to calculate the states apportionments. In response, on July 24, 2020, several immigration advocacy and nonprofit organizations filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiffs, represented by the ACLU and private counsel, sued the Bureau of the Census, the President of the United States, the Director of the United States Census Bureau, the United States Department of Commerce, and the Secretary of Commerce. The plaintiffs claimed that by excluding “undocumented immigrants from: (a) the tabulation of the total population of the states; (b) the calculation and statement of the whole number of persons in each state; and (c) the calculation and statement of the apportionment of the House of Representatives among the states” the defendants were violating the Constitution and the laws of the United States. The plaintiffs sought declaratory relief, preliminary and permanent injunctive relief, a writ of mandamus compelling the President to apportion the House of representatives among states based on actual enumeration of the population, including undocumented immigrants, and attorneys’ fees and costs.

Specifically, the plaintiffs allege excluding undocumented immigrants violated the Enumeration and Apportionment clauses of the US Constitution (Article I, Sec. 2, Cl. 3 and Section 2 of the Fourteenth Amendment) which require all persons to be included in the congressional apportionment base. They also alleged that the memo violated their right to equal protection because it denied undocumented immigrants personhood under the Constitution on the basis of race and national origin and was motivated by a desire to harm immigrant communities of color (Fifth and Fourteenth Amendments ). The complaint further contended violations of the Census Act (2 U.S.C. § 2a(a); 13 U.S.C. § 141), Separation of Powers (Article I, Sec. 2, Cl. 3 of the Constitution, as amended by the Fourteenth Amendment), and the Administrative Procedure Act.

The case was initially assigned to Judge Lewis J. Liman, but was quickly reassigned to Judge Jesse M. Furman. The case was related to State of New York v. U.S. Department of Commerce, another 2020 Census case assigned to Judge Furman. That case is in the Clearinghouse, here.

On July 28, 2020, Judge Furman ordered the parties in this case to confer and submit a joint letter addressing the ten issues he identified in the order. One of the issues was whether this case should be consolidated with State of New York v. Trump. In their joint letter ( Re: State of New York v. Trump, No. 20 Civ. 5770 (JMF); New York Immigration Coalition v. Trump, No. 20 Civ. 5781 (JMF) ), submitted on August 3, 2020, the parties agreed that it should.

On the same day, a rural voter entered a Motion to Intervene as a plaintiff. That motion failed to demonstrate a right to intervene, so Judge Furman was denied it the next day.

On August 4, 2020, Judge Furman ordered this case to be consolidated with State of New York v. Trump, and for “all future filings [to] be in 20-CV-5770 (JMF) alone.” For additional information, on this case and State of New York v. Trump, please see State of New York v. Trump, located here in the Clearinghouse.

Brittany Smith - 09/21/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Enumerations Clause
Equal Protection
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
National origin discrimination
Race discrimination
General
Disparate Treatment
Funding
Public benefits (includes, e.g., in-state tuition, govt. jobs)
Immigration/Border
Status/Classification
Undocumented immigrants - rights and duties
Plaintiff Type
Non-profit NON-religious organization
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 Bivens
Mandamus, 28 U.S.C. § 1361
Defendant(s) Bureau of the Census
Director of the United States Census Bureau
President of the United States
Secretary of Commerce
United States Department of Commerce
Plaintiff Description Immigration advocacy and nonprofit organizations.
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
New York Civil Liberties Union (NYCLU)
Class action status sought No
Class action status granted Moot
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filed 07/24/2020
Case Ongoing Yes
Case Listing IM-NY-0080 : New York v. Trump (S.D.N.Y.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census
WhiteHouse.org
Date: Jul. 21, 2020
By: Donald J Trump
[ Detail ] [ External Link ]

  2020 Census Litigation
(The Brennan Center)
[ Detail ] [ External Link ]

Docket(s)
1:20-cv-05781 (S.D.N.Y.)
IM-NY-0079-9000.pdf | Detail
Date: 09/11/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
IM-NY-0079-0001.pdf | Detail
Date: 07/24/2020
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 22] (S.D.N.Y.)
IM-NY-0079-0004.pdf | Detail
Date: 07/28/2020
Source: PACER [Public Access to Court Electronic Records]
Memorandum Opinion and Order [ECF# 44] (S.D.N.Y.)
IM-NY-0079-0003.pdf | Detail
Date: 08/04/2020
Source: PACER [Public Access to Court Electronic Records]
Final Judgment and Permanent Injunction [ECF# 55] (S.D.N.Y.)
IM-NY-0079-0002.pdf | Detail
Date: 09/10/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Furman, Jesse Matthew (S.D.N.Y.) show/hide docs
IM-NY-0079-0002 | IM-NY-0079-0003 | IM-NY-0079-0004
Hall, Peter W. (Second Circuit) show/hide docs
IM-NY-0079-0002
Wesley, Richard C. (State Trial Court, State Appellate Court, Second Circuit) show/hide docs
IM-NY-0079-0002
Plaintiff's Lawyers Brannon, Sarah (District of Columbia) show/hide docs
IM-NY-0079-0001 | IM-NY-0079-9000
Buser-Clancy, Thomas Paul (Texas) show/hide docs
IM-NY-0079-0001 | IM-NY-0079-9000
Cepeda Derieux, Adriel I. (New York) show/hide docs
IM-NY-0079-0001 | IM-NY-0079-9000
Cherry, Ceridwen (District of Columbia) show/hide docs
IM-NY-0079-0001
Freedman, John A. (District of Columbia) show/hide docs
IM-NY-0079-0001 | IM-NY-0079-9000
Grossman, Perry M. (New York) show/hide docs
IM-NY-0079-0001 | IM-NY-0079-9000
Ho, Dale E. (New York) show/hide docs
IM-NY-0079-0001
Ho, Derek Tam (District of Columbia) show/hide docs
IM-NY-0079-9000
Jacobson, Daniel F. (District of Columbia) show/hide docs
IM-NY-0079-0001
Jones, R. Stanton (District of Columbia) show/hide docs
IM-NY-0079-0001
Lakin, Sophia L. (New York) show/hide docs
IM-NY-0079-0001
Raines, Chase R, (District of Columbia) show/hide docs
IM-NY-0079-0001
Rosborough, Davin McKay (New York) show/hide docs
IM-NY-0079-0001 | IM-NY-0079-9000
Saldivar, Edgar (Texas) show/hide docs
IM-NY-0079-0001 | IM-NY-0079-9000
Segura, Andre (Texas) show/hide docs
IM-NY-0079-0001
Topaz, Jonathan (New York) show/hide docs
IM-NY-0079-0001 | IM-NY-0079-9000
Defendant's Lawyers Mauler, Daniel (District of Columbia) show/hide docs
IM-NY-0079-9000
Oestericher, Jeffrey Stuart (New York) show/hide docs
IM-NY-0079-9000
Rovner, Allison (New York) show/hide docs
IM-NY-0079-9000

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