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By Jennie L. Ilustre
The Supreme Court recently announced it would hold a hearing in April on whether to include the citizenship question in Census 2020. It will make a decision by June.
The Constitution mandates that a count of everyone living in the country should be made every ten years. For the 2020 Census, the Department of Commerce, which undertakes the count, decided to include the question, “Is this person a citizen of the United States?”
Asian American civil rights and advocacy organizations noted the question could dampen participation by minorities, including Asian Americans, resulting in an undercount of their population. An undercount would adversely affect their political power and their share in federal funding over ten years.
At least seven states have sued the Trump administration over this issue. This includes Washington, DC’s Advancing Justice|Asian American Justice Center (AAJC), which filed the suit jointly with the Mexican American Legal Defense and Educational Fund (MALDEF). They were the very first nationwide to mount a legal challenge.
Judge’s Ruling
The Supreme Court’s announcement on February15 comes a month after U.S. District Judge Jesse Furman of New York ordered the administration to stop its plans to include the controversial question, according to a National Public Radio (NPR) news report. NPR reported the administration said the Justice Department wants responses to the question to better enforce part of the Voting Rights Act, but Judge Furman concluded that was not the “real reason.”
The news report continued that the judge found the decision of Commerce Secretary Wilbur Ross to be “arbitrary and capricious,” partly because adding the question in Census 2020 would cost more than the alternative method. The Census Bureau had recommended the cheaper alternative method of compiling existing government records on citizenship to Commerce Secretary Ross.
In hailing Judge Furman’s decision, Congresswoman Judy Chu (D, CA), Chair of the Congressional Asian Pacific American Caucus (CAPAC), noted: ““It is critical that we have an accurate census so we can know who is in our country, where they live, and what their needs are… It was clear to any observer that the citizenship question was included for partisan reasons, and over the objections of experts who warned that it would lead to inaccurate census results. I even asked Secretary Ross about the origin of this question in the Ways and Means Committee, but he gave an untruthful answer, making it harder for us to truly judge the merits of this question. I’m glad the court has intervened to stop this hastily crafted and dangerous question from distorting our census.”
Founded in 1994.CAPAC) is composed of Members of the U.S. Congress who are Asian American and Pacific Islanders (AAPIs), as well as Members who are dedicated to promoting the well-being of the AAPI community.
‘A lot at stake’
Population counts determine how many congressional seats and Electoral College votes each state receives, according to the NPR. They also guide the distribution of approximately $880 billion a year in federal tax dollars to states and local communities for Medicare, schools and other public services.
“We will stay in this fight until the very end because we know there is a lot at stake. There are $800 billion dollars at stake and the accurate count and visibility of our Asian American and Pacific Islander communities,” said Advancing Justice/Asian American Justice Center (AAJC) Executive Director John Yang.
The National Council of Asian Pacific Americans (NCAPA), led by National Director Gregg Orton, pointed out: “To include a citizenship question in the 2020 Census Questionnaire not only puts at risk millions of dollars of investments and countless hours of time, it also jeopardizes the very purpose of the Census: to provide an accurate picture of America and how it’s changing.”
Based in Washington, D.C., NCAPA is a coalition of 35 national Asian Pacific American organizations that “serves to represent the interests of Asian American, and Pacific Islander (AAPI) communities, and to provide a national voice for our communities’ concerns.”
In the previous census, Asian American and Pacific Islanders (AAPIs) benefited from their participation which led to a full count. The 2010 Census counted more than 17 million Asian Americans (5.6% of the U.S. total population of over 300 million), the fastest-growing minority group. Asian American population grew by nearly 50 percent from 2000 to 2010.
Remarked Christine Chen, Executive Director of Asian and Pacific Islander American Vote (APIAVote): “The data used from the 2010 Census showed Asian Americans to be the fastest-growing racial group in America, and elected officials took notice and understood the importance of paying attention and engaging with this base of growing voters. Now, more than ever, it is important for the community to participate in Census 2020 to ensure our voices will continue to be heard.”
“With Asian American and Pacific Islanders growing as a voter bloc, it’s clear that voters of color are key in tight congressional districts–especially after the 2018 Midterm Elections. A full count also impacts the process of drawing electoral lines and whether or not this community will get fair representation for the next ten years,” she added.
Legal Challenge
Advancing Justice|AAJC has been at the forefront of the Census 2020 issue. With the Mexican American Legal Defense and Educational Fund (MALDEF), it filed the first of six lawsuits nationwide challenging the addition of a citizenship question.
“Our lawsuit was the first and is among other six legal challenges on the grounds that it is unconstitutional, discriminatory, and racially motivated,“ said Advancing Justice/AAJC Executive Director Yang. “It is important to remember the existing fear and distrust between immigrant communities and the government, and the proposed citizenship question only heightens that fear.”
Closing arguments in the trial were held on February 21. “We believe we have presented the most solid case for why we need to protect our community and its right to be visible and counted,” Yang added.
Education Campaign
APIAVote Executive Director Chen emphasized the urgency of educating the community on the importance of taking part in Census 2020: “As the citizenship question is currently being debated in the courts, we at APIAVote are focused on educating AAPI community organizations and leaders so their network of friends and family understand the importance of participating in the census.”
She added: “The Census shouldn’t be seen as something politically-driven –it is an important duty that everyone in the U.S. has to participate in to ensure that proper resources and votes are guaranteed for every community. By completing the Census, each household is assisting us in prioritizing policies that impact their family and community, including protecting our right to vote.”
Advancing Justice | AAJC and many other organizations are working “to educate our communities on why the Census is important and why we need them to participate to ensure an accurate census,” leader Yang said. “We are creating an outreach campaign to raise awareness and encourage participation in the census, which officially starts April 1, 2020.”
“Thus far, we have created explainer fact sheets and other resources to share with the Asian American and Pacific Islander communities. We will continue our campaign in 2019 through 2020, with the goal of uplifting the community and ultimately, the political power of the AAPI population.”
