Judge: Census citizenship question is a threat to democracy

SAN FRANCISCO (AP) — The Trump administration's decision to add a citizenship question to the 2020 census "threatens the very foundation of our democratic system" because it would cause a significant undercount of immigrants and Latinos that could distort the distribution of congressional seats, a U.S. judge said today.

Judge Richard Seeborg in San Francisco said the commerce secretary's decision to add the question was arbitrary and capricious and would violate a constitutional requirement that the census accurately count the U.S. population.

"The record in this case has clearly established that including the citizenship question on the 2020 census is fundamentally counterproductive to the goal of obtaining accurate citizenship data about the public," Judge Seeborg said.

He became the second judge to declare the move illegal, so the effect of his decision is limited. A federal judge in New York had previously blocked the administration from adding the question to the population count that occurs every 10 years, and the U.S. Supreme Court last month agreed to review that decision.

The ruling in California, however, differed from the January decision by U.S. District Judge Jesse Furman in a significant way. Judge Furman also found the question violated administrative requirements, but he rejected an argument that it violated the Constitution.

Judge Seeborg found a violation of the Constitution's Enumeration Clause, which could present another issue for the U.S. Supreme Court to consider.

The U.S. Department of Justice declined to comment.

The ruling came as The Associated Press reported the Census Bureau is quietly seeking comprehensive information about the legal status of millions of immigrants.

Under a proposed plan, the Department of Homeland Security would provide the Census Bureau with a broad swath of personal data about noncitizens, including their immigration status, raising concerns among privacy and civil rights activists.

Judge Seeborg ruled in lawsuits by California and several cities in the state that asserted the citizenship question was politically motivated and should be kept off the census.

"Justice has prevailed for each and every Californian who should raise their hands to be counted in the 2020 census without being discouraged by a citizenship question," state Attorney General Xavier Becerra said in a statement.