Trump administration says challenges to excluding undocumented immigrants from census are premature

Trump administration says challenges to excluding undocumented immigrants from census are premature

Originally Published in CNN

Gregory Wallace - September 3, 2020

(CNN) The Trump administration is characterizing as premature court challenges to its plan to exclude undocumented immigrants from the census count used to determine congressional districts.
In a hearing in a New York courtroom and in court filings in Washington -- two separate but similar cases -- the government argued Thursday that the case is not yet ripe because Commerce Secretary Wilbur Ross has not yet determined whether he has enough information to carry out President Donald Trump's directive.
"You don't have the second set of numbers [excluding undocumented immigrants] and you couldn't possibly say exactly what the problem will be," Sopan Joshi, a senior Justice Department attorney, argued in the New York hearing. "We should wait to see what is feasible, what those numbers are, and then the case can proceed."
Attorneys for the state of New York and the groups that have banded together for the challenge argued that waiting until after the count is completed will be too late. Dale Ho of the American Civil Liberties Union, who represents several of the groups, argued that some noncitizens are not responding to the census right now because President Donald Trump's directive makes their participation "a futile act."

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