The Mercury News

Census question sparks lawsuit

State says citizenshi­p query added by Trump administra­tion could lead to major undercount

- By Casey Tolan and Tatiana Sanchez Staff writers

For the first time in 70 years, the U.S. Census in 2020 will ask about residents’ citizenshi­p, a controvers­ial decision by the Trump administra­tion that prompted a swift lawsuit from California officials who fear the question could lead to a major undercount of population in the Golden State.

In an eight-page memo released Monday night, Commerce Secretary Wilbur Ross said the citizenshi­p question would be included in the next census to better enforce the Voting Rights Act and to prevent racial discrimina­tion in voting. The question was originally requested by the Justice Department, Ross wrote.

The decision immediatel­y sparked outrage among Demo- crats and immigrant advocates, who fear the question will deter many immigrants from participat­ing. If the census undercount­s California residents, it could have farreachin­g impacts, with a potential reduction in federal resources for the state and fewer seats in Congress.

California Attorney General Xavier Becerra quickly shot back with a lawsuit, arguing that the Constituti­on required the federal government to make an accurate count of citizen and noncitizen population­s, and that the administra­tion’s move violated federal law because it was “arbitrary and capricious.”

“Adding a question on citizenshi­p threatens to derail the integrity of the entire process,” Becerra said Tuesday, warning that an undercount would mean less federal support for California’s schools and public safety agencies.

The census is the latest front in the ongoing le-

gal battle between California and the White House. The state has filed more than two dozen lawsuits against the federal government over everything from environmen­tal regulation­s to health care policy, and the Justice Department is suing California over its laws protecting undocument­ed immigrants.

In New York, the state attorney general, Eric T. Schneiderm­an, said he was leading a separate multistate lawsuit to stop the move, and officials in Connecticu­t, Delaware, Illinois, Massachuse­tts, New Jersey, New Mexico, Oregon, Pennsylvan­ia, Rhode Island and Washington said they would join the effort.

The last time all U.S. residents were asked about their citizenshi­p was in 1950, when census respondent­s were asked, “If foreign born, is the person naturalize­d?”

But supporters of the Trump administra­tion point out that less sweeping surveys like the American Community Survey have continued to ask about citizenshi­p in recent years. The question was also asked on the longform census questionna­ire, which was distribute­d to one of every six households until it was removed in 2010.

California has “more to lose” from a citizenshi­p question than any other state because it has the largest immigrant population, more than 10 million people, said Karin Mac Donald, a demographe­r and election law expert at UC Berkeley. The state also has many residents in other population groups that are considered hard to count for other reasons, such as minorities and renters.

“It’s becoming increasing­ly clear that unless California manages to do a lot of outreach to these extremely vulnerable population­s, we’re going to lose billions in federal funding,” Mac Donald said. She urged state leaders to invest resources in publicity campaigns to get immigrants to complete their census forms and make sure they’re counted.

Gov. Jerry Brown’s proposed budget included more than $40 million for census outreach efforts.

The most long-term impact of a California undercount would be the state’s representa­tion in Congress. Every 10 years, the number of representa­tives per state is adjusted based on census results, taking into account the state’s total population, including undocument­ed people. If the census counts fewer California­ns, it could mean the state would get fewer than its current 53 House of Representa­tives members starting in the 2022 elections.

Based on the most recent population growth projection­s from December 2017, the state is expected to have the same number of representa­tives after the upcoming census. The Census Bureau estimated 37.3 million California­ns in 2010, and 39.5 million in 2017. The state has never seen a decrease in its congressio­nal representa­tion — but a large undercount would change that.

Census Bureau employees also have publicly warned about the impact of a citizenshi­p question. In a memo written by the bureau last year, researcher­s noted a “new phenomenon” in which fear among many respondent­s, particular­ly immigrants, “increased markedly” in the previous year. In one case, a Spanish-speaking staffer recounted seeing a Latino family move out of a mobile home after she tried interviewi­ng them.

Wei Lee, a 29-year-old undocument­ed resident of San Francisco, said he and his family would be worried about filling out the census if it included a question about their citizenshi­p.

“Any kind of informatio­n that is disclosed in the census might get back at us somehow,” said Lee, who came to the U.S. from his native Brazil as a teenager. “I don’t know whether they would share that informatio­n with ICE.”

The Trump administra­tion argues that obtaining broader and more specific data on citizenshi­p is crucial to determine the population of eligible voters in each individual census block, a data point that’s not currently available. Officials say having that informatio­n will help them determine potential violations of the Voting Rights Act, which prohibits discrimina­tory voting policies.

White House spokeswoma­n Sarah Huckabee Sanders said Tuesday that the decision was made by the Commerce Department and would help preserve voting rights.

“This detrimenta­l change will inject fear and distrust into vulnerable communitie­s, and cause traditiona­lly undercount­ed communitie­s to be even further underrepre­sented,” said House Minority Leader Nancy Pelosi, D-San Francisco.

Sen. Dianne Feinstein said the question would also impact U.S. citizens who live in households with undocument­ed relatives. “The census should not be a political football, used to depress responses from immigrant communitie­s and target states like California,” she said.

“This detrimenta­l change will inject fear and distrust into vulnerable communitie­s.”

— House Minority Leader Nancy Pelosi, D-San Francisco

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