Sessions, States Head To Court Over Census Question

U.S. Atty. Gen. Jeff Sessions clashed Tuesday with attorneys general in 18 states over a census question about citizenship. The federal government wants the question included on the upcoming 2020 census. The reason, Sessions said, is to protect the nation against voter fraud by compiling an accurate count of those eligible to vote. But 18 attorneys general and several big city mayors disagree. They have filed a lawsuit to prevent the Census Bureau from asking people to identify their citizenship. They argue the question may frighten immigrants, who might then not participate in the census.

"Demanding citizenship information will depress Census turnout in states with large immigrant populations, directly threatening those states’ fair representation in Congress and the Electoral College, as well as billions of dollars in critical federal funds for education, infrastructure, Medicaid, and more," Kilmartin's office said. The lawsuit was filed Tuesday in U.S. District Court for the Southern District of New York.

The attorneys general say the question is unconstitutional. Kilmartin invited Providence Mayor Jorge Elorza to join the lawsuit. The Mayors of New York City, Chicago, Philadelphia, San Francisco, and Seattle; and the bipartisan U.S. Conference of Mayors are also on board.

Money is also at stake.

"Hundreds of billions of dollars in federal funds are directly tied to demographic information obtained through the census, including the Highway Trust Fund and other Department of Transportation grants, Child Care Development Grants, and Medicaid," Kilmartin said. "Consequently, inaccurate counts can deprive states of much-needed funds."

Rhode Island is also at risk to lose one Congressional seat due to demographic changes. If the census results in an undercount, the seat would be lost, Kilmartin's office said.

"As a result of the 2010 Census, Rhode Island was allocated two seats to the House of Representatives, which it has enjoyed for more than 200 years," he said. "According to the Census Bureau estimates for 2017, the population of Rhode Island is 1,059,639. Based on these estimates, if a mere 157 persons that reside in Rhode Island are not counted in the 2020 Census, Rhode Island will lose one of its congressional seats."

On Monday, Sessions sued California for interfering with federal law enforcement efforts. He also complained about having to go to court over the census question about citizenship.

“I regret the need to file yet another lawsuit against the state of California today," he wrote. "And we are forced spend our resources to defend against lawsuits that are patently meritless like one now filed by California claiming that adding back a question on citizenship to the census is unconstitutional after decades of its inclusion. Both of these lawsuits are forcing us to spend precious tax payer dollars and Department resources to litigate issues that most Americans believe are common sense—the executive branch should be able to remove criminal aliens from a jail instead of your neighborhood, the federal government should have an accurate count of who can legally vote in our federal elections, a Department should be able to rescind an unlawful policy intended to usurp Congress’ role in passing immigration laws, or that the President should be able to know who is coming into our country from countries that are terrorist havens."