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Supreme Court to consider Trump's effort not to count undocumented immigrants for congressional seats

October 16, 2020. Summarized by summa-bot.

A census taker knocks on the door of a residence Tuesday, Aug. 11, 2020, in Winter Park, Fla. A half-million census takers head out en mass this week to knock on the doors of households that haven't yet responded to the 2020 census. (AP Photo/John Raoux)

The Supreme Court will take up President Donald Trump's effort to exclude undocumented immigrants from being counted when congressional seats are reallocated among the 50 states next year based on 2020 census data.

(CNN)The Supreme Court will take up President Donald Trump's effort to exclude undocumented immigrants from being counted when congressional seats are reallocated among the 50 states next year based on 2020 census data.

The court's order comes after the justices allowed the Trump administration, earlier in the week, to wind down the census count.

"Throughout the Nation's history, the figures used to determine the apportionment of Congress," the court held, "have 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. "

Trump's July 21, 2020, memo violates the laws that govern the census and apportionment because it mandates that the commerce secretary provide the President with a set of numbers that excludes undocumented immigrants, the court ruled.

"By doing so, the Presidential Memorandum violates Congress's mandate to use the results of the census -- and only the results of the census -- in connection with the apportionment process," the court held.

"Congress has vested discretion in the Secretary to determine, subject to the President's supervision and direction, how to conduct the decennial census -- and the Executive Branch has long exercised that discretion by considering administrative records and data in addition to that obtained by the census questionnaire," Wall told the Supreme Court.

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