The Addition of the Citizenship Question to Census 2020: Democracy at Risk

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1 The Addition of the Citizenship Question to Census 2020: Democracy at Risk September 18, 2018 Rosalind Gold Senior Director, Policy, Research and Advocacy Giovany Hernandez Regional Census Campaign Manager, Los Angeles NALEO Educational Fund

2 Administration s Last Minute Addition of Citizenship Question Puts Census 2020 at Serious Risk On March 26, the Secretary of Commerce agreed to a Department of Justice request, and added the citizenship question to the 2020 Census questionnaire at the last minute. Secretary Ross subsequently reported this was his idea since February 2017, and that he asked DOJ to make the request. Census Bureau submitted Census 2020 questionnaire to Congress with this question, but not with the topics as required by March 2017.

3 Administration s actions to add citizenship question are flawed and specious The Department of Justice and the Secretary of Commerce justified the addition by citing the need for better voting rights enforcement. However, data from the American Community Survey, and the census long form before that, are sufficiently robust for civil rights and Voting Rights Act enforcement. The decennial census has not included a citizenship question since 1950, prior to the enactment of the Voting Rights Act in Secretary of Commerce claims lack of evidence that citizenship question will depress response rates, but question has not been tested in current political climate, in a form sent to 100% of population. The End to End Providence County test did not include a citizenship question. Media reported the issue affected participation. Census Bureau representatives have already reported widespread and unprecedented fear among respondents to other surveys; they are reluctant to participate fully and provide accurate information. In addition, five Bureau economists found evidence suggesting that a citizenship question in Census 2020 would lead to lower response rates, resulting in higher field costs and a lower-quality data.

4 Administration s actions to add citizenship question are flawed and specious (cont.) President Trump s use of citizenship question in campaign fundraising and other policymaker comments suggest addition of question is politically motivated.

5 Public Comments in Response to Federal Register Notice Regulatory Comment Process More than 250,000 individuals and organizations expressed opposition to the citizenship question through the regulatory comment process in early August 2018 We anticipate another opportunity to submit comments opposing the question to the Office of Management and Budget in Fall 2018.

6 Eight lawsuits are pending Two lawsuits in the Southern District of New York, which have been consolidated into one (State of New York, et. al.; ACLU and NYCLU); two lawsuits in the Northern District of California (State of California; LCCRUL), and the District of Maryland (MALDEF/AAAJC; National Redistricting Foundation) on the citizenship question. The New York case is proceeding most quickly. On July 3, Judge Jesse Furman granted additional discovery; on July 23, hundreds of documents were released showing Secretary Ross misled Congress. A tentative trial date of Nov. 5 th has been set for this case. In the New York, California and Maryland cases, judges have rejected the Administration s efforts to dismiss the litigation, and the cases are moving forward. Trial dates for the California and Maryland cases have been tentatively set for January MALDEF/AAAJC lawsuit includes American Indians, conspiracy theory. NAACP lawsuit alleges 2020 Census will undercount African Americans. State of Alabama sued to remove undocumented immigrants from the reapportionment count.

7 NALEO s Approach to the Citizenship Question Accurate and reliable information is not yet available about how the Census Bureau will handle the Citizenship Question; it has established an internal working group to determine: What it will do if the question is left blank What will happen if the question is not answered accurately If it will use administrative records from DHS, Department of State, USCIS and other sources, to impute an answer The Administration has nominated a new Census Bureau Director and it is unknown what policy agenda he will implement once in office Once these determinations are made, NALEO will be able to provide guidance on the Citizenship Question Community leaders must work to avoid panic and misinformation to prevent adverse consequences that may diminish Census participation

8 TAKE ACTION! #SaveTheCensus We are launching an comprehensive advocacy campaign against the addition of the citizenship question by mobilizing our members and stakeholders, join us by: Writing and/or calling your Member of Congress and/or Secretary Ross and asking them to OPPOSE the addition of a citizenship question. Amplifying your opposition to the addition of the citizenship question to your constituency. Joining our Census 2020 campaign! Factsheets, sample letters and other resources available at:

9 TAKE ACTION! #SaveTheCensus Join our Census 2020 campaign! Visit to with Subscribe in the subject line to join our Census list. Text CENSUS to to join our SMS/Census Get Out the Count list. (Standard messaging rates apply).

10 Thank you. Rosalind Gold Senior Director of Policy, Research and Advocacy Giovany Hernandez Regional Census Campaign Manager, Los Angeles