Trump Must Actually Exclude Undocumented Immigrants From the Census Before He Can Be Sued for Doing That, SCOTUS Rules
The Supreme Court won’t stop the Trump administration from excluding undocumented immigrants in this year’s census—at least not until the administration officially does it.
The high court on Friday dismissed a challenge that sought to prevent the White House from excluding undocumented immigrants in the final numbers that will be used to apportion congressional seats. In an unsigned opinion, the court said the Trump v. New York case was “premature” and that plaintiffs lacked standing to seek a legal remedy because the census has not yet been finalized.
“This case is riddled with contingencies and speculation that impede judicial review,” the justices wrote. They noted that Trump “has made clear his desire” to exclude undocumented immigrants from the census, but that the court would have to wait until the plan was implemented before determining its constitutionality.
Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan filed a joint dissenting opinion arguing that the court should be able to rule on the merits of the case now, given the potential harms created if Trump moves ahead with implementing the changes.
“This fight isn’t over,” the American Civil Liberties Union, one of several groups involved in the lawsuit against the Trump administration, said in a statement. “If this policy is actually implemented, we’ll see them right back in court.”
Cutting undocumented immigrants out of the once-per-decade headcount of all Americans has important ramifica
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