Supreme Court will hear Trump appeal to exclude undocumented immigrants from count


President Donald J. Trump hosts a Make America Great event in Greenville, NC United States on October 15, 2020.

Peter Zay | Anadolu Agency | Getty Images

The Supreme Court said Friday that it will hear arguments next month on an appeal by the Trump administration that seeks to exclude the tally of undocumented immigrants in the United States from the Census data used to calcuate the apportionment of congressional districts.

A federal appeals court in Manhattan in September had blocked the Trump administration from excluding undocumented residents from that calculation, as it sought to do under a new policy announced in July.

The appeals court noted in its ruling that throughout American history, “the figures used to determine the apportionment of Congress — in the language of the current statutes, the ‘total population” and the “whole number of persons’ in each State — have included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without.”

The Supreme Court scheduled oral arguments in the case for Nov. 30.

The high court recently said it would continue hearing cases remotely due to the coronavirus pandemic for at least the rest of the calendar year.

On Tuesday, the Supreme Court issued a decision that allowed the Trump administration to end field field operations for the 2020 census effective that day, even as the 9th Circuit Court of Appeals still considers a pending appeal that seeks to extend the count.

This is breaking news. Please check back for updates.



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