Fight continues to include undocumented Caribbean immigrants in US Congressional Apportionment

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Fight continues to include undocumented Caribbean immigrants in US Congressional Apportionment

Saturday, August 08, 2020

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NEW YORK, United States (CMC) — New York Attorney General Letitia James has filed a motion for partial summary judgment or, in the alternative, a preliminary injunction in a lawsuit to halt US President Donald Trump's efforts to illegally leave millions of undocumented Caribbean and other immigrants out of the Congressional Apportionment base following the conclusion of the 2020 Decennial Census.

“As President Trump double-downs on anti-immigrant policies that he's championed since his first campaign, our immigrant communities continue to pay the price,” James said.

“Despite the constant fear mongering and xenophobia we've seen from the White House, one thing still remains true – everyone counts. Therefore, everyone must be counted, regardless of immigration status.

“We will not hesitate to take every legal action available to ensure all communities are properly represented in Congress and get the federal funding they need and deserve,” the New York Attorney General added.

Last month, James led a coalition of states, cities and counties in filing a lawsuit against Trump for continuing attempts to illegally leave millions of Caribbean and other undocumented immigrants out of the apportionment base that establishes the number of members in the House of Representatives that each state receives.

The lawsuit seeks to stop Trump from politicising the census and violating basic constitutional and statutory commands.

James said the lawsuit “aims to ensure the administration counts the 'whole number of persons' residing in the country for apportionment, as the US Constitution unambiguously requires”.

She said the Fourteenth Amendment of the US Constitution “clearly states that 'Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state”.

James said the framers of the Fourteenth Amendment “deliberately chose the phrase 'whole number of persons' to refer to all persons living in each state — including the entire immigrant population”.

“More than 150 years of history, practice, and judicial and administrative precedents have since further confirmed that the apportionment of representatives must be based on all persons living in each state, regardless of their citizenship or immigration status,” she said.

Joining James on Friday in filing the motion were the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, Wisconsin and the District of Columbia.

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