Immigration Law

Recent Posts

How FAIR Pushed the Census Issue for 40 Years
Posted on 15 Feb 2021 by Daniel M. Kowalski

Hansi Lo Wang, NPR, Feb. 15, 2021 "Even before taking office, former President Donald Trump's administration obsessed over the U.S. census. From a failed bid for a citizenship question to a presidential memo about unauthorized immigrants that... Read More

Tags: census

Court: Trump's Census Gambit Violates "the Constitution, the applicable statutes, and 230 years of history"
Posted on 22 Oct 2020 by Daniel M. Kowalski

City of San Jose v. Trump "Before us are Plaintiffs’ Motion for Partial Summary Judgment and Defendants’ Motion to Dismiss, or in the Alternative, Motion for Partial Summary Judgment regarding the Presidential Memorandum of July 21... Read More

Tags: census , Trump

Trump Takes Census Case to Supreme Court
Posted on 24 Sep 2020 by Daniel M. Kowalski

SCOTUSblog case page Trump v. New York Pending petition Linked with: Department of Commerce v. New York Docket No. Op. Below Argument Opinion Vote Author Term 20-366 S.D.N.Y. TBD TBD TBD TBD TBD... Read More

Tags: census , Trump

Trump Loses Again: All People Count for Census (NY v. Trump)
Posted on 11 Sep 2020 by Daniel M. Kowalski

State of New York v. Trump "In a Presidential Memorandum issued on that date (and entered into the Federal Register two days later), the President declared that, “[f]or the purpose of the reapportionment of Representatives following the 2020... Read More

Cyrus Mehta on Trump's Census Order
Posted on 1 Sep 2020 by Daniel M. Kowalski

Cyrus Mehta, Aug. 30, 2020 The Impossible Feat of Determining Who is an “Illegal Alien” Under Trump’s Unconstitutional Census Executive Order "In line with other xenophobic actions too numerous to keep tabs on, President Trump... Read More

States Sue Trump Over Census Memo
Posted on 27 Jul 2020 by Daniel M. Kowalski

New York Attorney General Letitia James, July 24, 2020 "New York Attorney General Letitia James today led a large coalition of states, cities, and counties in filing a lawsuit against President Donald Trump for attempting to, once again, illegally... Read More

Tags: New York , census , Trump

This is the Best Explainer on Trump's Census Memo
Posted on 27 Jul 2020 by Daniel M. Kowalski

Prof. Marty Lederman, July 25, 2020 - Trump's Memorandum on Not Counting Undocumented Immigrants for Purposes of House Reapportionment Calculations "Contrary to what you might have read, President Trump’s “Memorandum on Excluding... Read More

Tags: lederman , census , Trump

Feds Sued Over Trump Census Memo
Posted on 24 Jul 2020 by Daniel M. Kowalski

Nick Cahill, July 23, 2020 "The city of Atlanta, along with a coalition of nonprofits and naturalized citizens, sued late Thursday to stop President Donald Trump’s plan to exclude undocumented people from the upcoming census. In a federal... Read More

Tags: census , Trump

Attack on Census Not New
Posted on 22 Jul 2020 by Daniel M. Kowalski

Hansi Lo Wang, NPR, July 21, 2020 "President Trump released a memorandum Tuesday that calls for an unprecedented change to the constitutionally mandated count of every person living in the country — the exclusion of unauthorized immigrants... Read More

ACLU: Trump Anti-Immigrant Census Memo Unconstitutional
Posted on 21 Jul 2020 by Daniel M. Kowalski

ACLU, July 21, 2020 "The American Civil Liberties Union calls President Trump’s order seeking to ban immigrants who are undocumented from being counted in the census patently unconstitutional. Dale Ho, director of the ACLU’s Voting... Read More

Tags: ACLU , census , Trump

Trump Memo Carves Out Unauthorized Noncitizens from Census Enumeration
Posted on 21 Jul 2020 by Daniel M. Kowalski

White House, July 21, 2020 "MEMORANDUM FOR THE SECRETARY OF COMMERCE SUBJECT: Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census By the authority vested in me as President by the Constitution and the laws of the... Read More

DHS to Share Immigration Data with Census
Posted on 5 Jan 2020 by Daniel M. Kowalski

Hansi Lo Wang, NPR, Jan. 4, 2020 "The Department of Homeland Security has agreed to share certain government records from its databases to help the Census Bureau produce data about the U.S. citizenship status of every person living in the country... Read More

Executive Order on Collecting Information about Citizenship Status in Connection with the Decennial Census
Posted on 15 Jul 2019 by Daniel M. Kowalski

White House, July 11, 2019 "By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1 . Purpose . In Department of Commerce v. New York , No. 18-966... Read More

Ross' Rationale for Census Citizenship Question 'Contrived' - SC Remands Case
Posted on 27 Jun 2019 by Daniel M. Kowalski

Dept. of Commerce v. New York "Altogether, the evidence tells a story that does not match the explanation the Secretary gave for his decision. In the Secretary’s telling, Commerce was simply acting on a routine data request from another agency... Read More

Citizenship Question for 2020 Census Violates APA - NY v. Dept. of Commerce
Posted on 15 Jan 2019 by Daniel M. Kowalski

NY v. Dept. of Commerce "[T]he Court concludes on the merits that Secretary Ross violated the APA in multiple independent ways. Most blatantly, Secretary Ross ignored, and violated, a statute that requires him, in circumstances like those here... Read More