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Supreme Court to hear Trump’s case on excluding undocumented immigrants from census

File photo shows demonstrators holding signs about the 2020 census outside the US Supreme Court in 2019.

The US Supreme Court has agreed to review an appeal by President Donald Trump that seeks to exclude undocumented immigrants from the 2020 census determining congressional apportionment.

The decision on Friday came three days after the high court issued a decision that allowed the Trump administration to end field operations for the 2020 census effective that day.

Last month, a ruling by a federal appeals court in Manhattan blocked Trump's push.

The ruling noted that, throughout US history, the census tally of people determining each state's share of congressional seats has “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 appeals court said that President Trump exceeded his authority under the census law.

The Supreme Court now will hear arguments in the case on November 30.

States with relatively large numbers of such immigrants could lose seats in the House of Representatives if justices vote in favor of the Trump administration.

California for example could lose two or three seats in the House of Representatives if justices allow the Trump administration to implement the policy.

The census numbers are also used to determine how much federal funding is allocated to a state.

A group of 22 states, the District of Columbia and 15 cities and counties, as well as the United States Conference of Mayors and a number of nongovernmental organizations had challenged the Trump administration on the plan.

"President Trump has repeatedly tried — and failed — to weaponize the census for his attacks on immigrant communities. The Supreme Court rejected his attempt last year and should do so again," said Dale Ho, a lead plaintiffs' attorney with the American Civil Liberties Union.

The president is required by federal law to submit to Congress "a statement showing the whole number of persons in each state" based on the census tally carried out once in a decade.

Trump has made toughening of immigration policies a central tenet of his presidency and has vowed to build a wall along the US-Mexico border to combat illegal immigration.


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