Supreme Court to decide on citizenship question in U.S. census

Photo by Claire Anderson on Unsplash


The U.S. Census has been a part of America’s history since July 1, 1902. However, since 1950, questions of citizenship have not been asked on the survey. Now, the Trump administration would like the census to once again include a question pertaining to citizenship. In January of 2019, a federal judge in New York overruled the plan, but that hasn’t been the end of the story. Now, the issue has been taken to the Supreme Court.

The main problem with including a question asking participants to reveal their citizenship status is that it will mean fewer people will fill out the survey. Non-citizens that are in the country illegally will fear retaliation, particularly from the current administration. They will think that if they state where they live, and that they are immigrants in the United States, particularly if they are illegal immigrants, that they could face penalties as harsh as deportation.

When fewer census forms are filled out it causes some states, such as California, to lose their seats in the House of Representatives. This often means immigrant communities lose representation in the legislator. Illinois, Massachusetts, Maryland, New Jersey, New Mexico, New York, Oregon, Washington, and the District of Columbia would also likely receive less federal funding if the plan was to go through.

“While it is not surprising that the Trump administration is attempting this move, it is certainly saddening,” says Jim Hacking of Hacking Law Practice, LLC. “The census is meant to not only take an accurate count of everyone in the country, but also to ensure that everyone in any state has proper representation. This plan will prevent both of those things from happening.”

The Supreme Court has not yet decided on the plan, as it is scheduled for their April calendar. A decision must be made soon though, as the census forms are expected to be printed in just a matter of months. The most concerning thing for opposers of the plan is the controversial confirmation of Justice Brett Kavanuagh. That gives conservatives the majority on the bench, which means they could overturn the federal court’s ruling and allow the question’s inclusion on the census.