Legal analysts said Trump's order is already a dead letter, citing a Supreme Court decision from last year blocking the president's attempts to add a citizenship question to the census.
WASHINGTON – President Donald Trump signed a memorandum Tuesday claiming that undocumented migrants should not be counted in the census for purposes of deciding how many members of Congress are apportioned to each state – though the practical impact of the president's expected move is uncertain at best.
Elizabeth Wydra, president of the Constitutional Accountability Center, said Trump's demand is"blatantly unconstitutional" because it amounts to not counting undocumented people in the census at all. Story continues"The Constitution says count 'persons' not citizens," tweeted Joyce Alene, a law professor at the University of Michigan."His unconstitutional EO today, directing a count of only citizens is red meat for his base & an effort to distract from Covid & his other disasters."
Census takers are prohibited from asking respondents whether or not they are U.S, citizens; it is hard to know how they can determine whether respondents are in the country illegally. Trump has served notice that he will make immigration a major issue in his re-election campaign, just as he did during his first run in 2016. Opponents said Trump is demonizing Hispanic migrants, and people of color in general, in a base appeal to white workers.
The coming legal battle echoes the one inspired by Trump's failed attempt last year to add a citizenship question to the census.
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