- The Trump administration said it will drop a controversial citizenship question it was pushing to add to the 2020 U.S. census after the Supreme Court put a hold on it.
- Opponents argued that the question was part of a Republican strategy to discourage both legal and illegal immigrants from participating in the census.
- They said it would cause states with high noncitizen populations to lose federal funding and seats in the House and give Republicans significant power to redraw district lines.
- Commerce Secretary Wilbur Ross confirmed that the question would not be on the census and said that printing had already begun, but President Trump tweeted that the reports were “fake news” and said the department was not dropping its quest to include the question.
Administration Drops Citizenship Question
Officials in the Trump administration confirmed Tuesday that they had dropped their plan to add the controversial citizenship question to the U.S. census.
The U.S. Constitution mandates that every 10 years the federal government has to count every person living in the country. For the upcoming census in 2020, the Trump administration wanted to add a question that would ask: “Is this person a citizen of the United States?”
The question, which was eventually brought before the Supreme Court, was incredibly contentious. Experts described it as the most debated Trump administration initiative to reach the Supreme Court since the travel ban on Muslim countries.
On Thursday, the justices blocked adding the question to the census, arguing that the reason the government wanted the information was “contrived.”
The Court did not strike it down entirely, but said the Trump administration had to come up with a better reason to add the question.
The Trump administration, however, was running out of time to print the 1.5 billion census forms before 2020, having previously said they needed a definitive answer by the end of June.
As a result, the administration decided they did not have enough time to come up with another case, and dropped it altogether.
Why Is It a Big Deal?
The Trump administration argued that adding the citizenship question to the census was necessary to get an idea of how many people were eligible to vote so that they could better enforce the Voting Rights Act, which protects the voting rights of minorities.
However, critics of the question argued that including it would deter both legal and illegal immigrants from participating in the census, which would significantly skew the data.
When it comes to incorrect census data, the stakes are very high.
The main purpose for the census is to count the population in the states to determine how many seats each one gets in the House of Representatives. The number of seats also sets how many votes each state gets in the electoral college.
That the data is used to decide how much federal funding each state gets, again based on how many people live there. Those funds amount to about $900 billion total, and states need that money for things like public schools, Medicaid, law enforcement, highway repairs, and more.
Due to these two factors, opponents of the question have argued that if immigrants are deterred from participating in the census and not counted properly, states that have higher noncitizen populations would lose both federal funding and seats in the House.
Experts say that could cause a massive shift in political power from states and cities where more noncitizens tend to live, to states with more rural areas.
Commerce Secretary Wilbur Ross, who oversees the Census Bureau, approved putting the question on the census in 2017.
Following that decision, more than two dozen states, cities, and organizations challenged the move in court.
They argued that the Trump administration was not being truthful about their reason for adding the question, and said that it had nothing to do with voting rights.
Instead, they claimed that it was just part of a Republican strategy to shift political boundaries to their advantage because states would use the new census data to redraw their district lines in 2021.
The federal judges who oversaw all three lawsuits ruled in favor of the argument that Ross was not telling the truth about the motives behind the question. That decision was made partly because of certain evidence that was discovered during the trial.
The evidence in question was found on hard drives in the house of a Republican strategist named Thomas Hofeller, who had pushed the administration to add the question before he died last summer.
Hofeller’s hard drives contained a report he had written in 2015 that said adding the citizenship question would give Republicans a significant advantage in the redrawing of district lines.
Another deciding factor for the federal judges was the effectiveness of asking the question. Researchers at the Census Bureau itself even recommended using records from the Social Security Administration, the Department of Homeland Security and the State Department.
They argued that they would be more accurate and less expensive than adding the citizenship question. The Census Bureau has also said that adding the citizenship question could lead to lower response rates for immigrants and people of color.
Census undercounts of minority groups are already a historic problem. One recent government estimate from the Census Bureau found that around 6.5 million people might not have been counted if the citizenship question had gone on the census forms.
On the other side, the Trump administration argued that asking the question would allow them to get more accurate citizenship data, which would offset any potential harms from lowering the response rate among minority groups and noncitizens.
Many experts have argued that the damage is already done and say fear brought about by the Trump administration’s immigration policies will make it hard for census workers to get accurate data in immigrant neighborhoods even without the question.
As for the census itself, it is set to start in January 2020.
Secretary Ross said in a statement that while he “strongly” disagrees with the Supreme Court’s decision, the bureau had already started printing the forms without the question.
Justice Department officials have also confirmed to numerous media outlets that the question will not be on the census forms.
However, Trump seemed to contradict that in a tweet on Wednesday morning, saying, “The News Reports about the Department of Commerce dropping its quest to put the Citizenship Question on the Census is incorrect or, to state it differently, FAKE!”
See what others are saying: (The New York Times) (NPR) (Fox News)
Churches Protected Loophole in Abuse Reporting for 20 years, Report Finds
In some cases, Clergy members failed to report abuse among their congregation, but state laws protected them from that responsibility.
A Nationwide Campaign to Hide Abuse
More than 130 bills seeking to create or amend child sexual abuse reporting laws have been neutered or killed due to religious opposition over the past two decades, according to a review by the Associated Press.
Many states have laws requiring professionals such as physicians, teachers, and psychotherapists to report any information pertaining to alleged child sexual abuse to authorities. In 33 states, however, clergy are exempt from those requirements if they deem the information privileged.
All of the reform bills reviewed either targeted this loophole and failed or amended the mandatory reporting statute without touching the loophole.
“The Roman Catholic Church has used its well-funded lobbying infrastructure and deep influence among lawmakers in some states to protect the privilege,” the AP stated. “Influential members of the Mormon church and Jehovah’s witnesses have also worked in statehouses and courts to preserve it in areas where their membership is high.”
“This loophole has resulted in an unknown number of predators being allowed to continue abusing children for years despite having confessed the behavior to religious officials,” the report continued.
“They believe they’re on a divine mission that justifies keeping the name and the reputation of their institution pristine,” David Finkelhor, director of the Crimes Against Children Research Center at the University of New Hampshire, told the outlet. “So the leadership has a strong disincentive to involve the authorities, police or child protection people.”
Abuses Go Unreported
Last month, another AP investigation discovered that a Mormon bishop acting under the direction of church leaders in Arizona failed to report a church member who had confessed to sexually abusing his five-year-old daughter.
Merrill Nelson, a church lawyer and Republican lawmaker in Utah, reportedly advised the bishop against making the report because of Arizona’s clergy loophole, effectively allowing the father to allegedly rape and abuse three of his children for years.
Democratic State Sen. Victoria Steele proposed three bills in response to the case to close the loophole but told the AP that key Mormon legislators thwarted her efforts.
In Montana, a woman who was abused by a member of the Jehovah’s Witnesses won a $35 million jury verdict against the church because it failed to report her abuse, but in 2020 the state supreme court reversed the judgment, citing the state’s reporting exemption for clergy.
In 2013, a former Idaho police officer turned himself in for abusing children after having told 15 members of the Mormon church, but prosecutors declined to charge the institution for not reporting him because it was protected under the clergy loophole.
The Mormon church said in a written statement to the AP that a member who confesses child sex abuse “has come seeking an opportunity to reconcile with God and to seek forgiveness for their actions. … That confession is considered sacred, and in most states, is regarded as a protected religious conversation owned by the confessor.”
See what others are saying: (Associated Press) (Deseret) (Standard Examiner)
Texas AG Ken Paxton Allegedly Flees Official Serving Subpoenas in Truck
Following the news, a judge granted the attorney general’s request to quash the subpoenas.
Paxton on the Run
Texas Attorney General Ken Paxton fled his own home in a truck Monday morning to evade an official trying to serve him a subpoena, according to an affidavit filed in federal court.
Last month, several nonprofits filed a lawsuit seeking to block Texas from charging individuals under the state’s abortion ban in cases that happened out of state or prior to Roe v. Wade being overturned.
Two subpoenas were issued summoning Paxton to a Tuesday court hearing, one for his professional title and the other addressed to him personally.
Early on Monday Ernesto Martin Herrera, a process server, knocked on the front door of Paxton’s home in McKinney and was greeted by Texas state senator Angela Paxton, who is the Attorney General’s wife.
According to the affidavit, Herrera identified himself and informed her that he was delivering court documents to Mr. Paxton. She responded that her husband was on the phone and in a hurry to leave, so Herrera returned to his vehicle and waited for Ken to emerge.
Nearly an hour later, the affidavit states, a black Chevrolet Tahoe pulled into the driveway, and 20 minutes after that, the attorney general stepped out.
“I walked up the driveway approaching Mr. Paxton and called him by his name,” Herrera wrote in the affidavit. “As soon as he saw me and heard me call his name out, he turned around and RAN back inside the house through the same door in the garage.”
Shortly afterward, Angela exited the house and climbed into a truck in the driveway, leaving a rear driver-side door open.
“A few minutes later I saw Mr. Paxton RAN from the door inside the garage towards the rear door behind the driver side,” Herrera wrote. “I approached the truck, and loudly called him by his name and stated that I had court documents for him.”
“Mr. Paxton ignored me and kept heading for the truck,” he continued.
The affidavit adds that Herrera placed the documents on the ground by the vehicle and stated that he was serving a subpoena, but the Paxtons drove away.
Process Server or Lingering Stranger?
Following the publication of the affidavit in The Texas Tribune, Ken attacked the news outlet on Twitter and claimed to fear for his safety.
“This is a ridiculous waste of time and the media should be ashamed of themselves,” he wrote. “All across the country, conservatives have faced threats to their safety – many threats that received scant coverage or condemnation from the mainstream media.”
“It’s clear that the media wants to drum up another controversy involving my work as Attorney General, so they’re attacking me for having the audacity to avoid a stranger lingering outside my home and showing concern about the safety and well-being of my family,” he continued.
On Monday, the attorney general filed two requests: a motion to quash the subpoena and another to seal the certificates of service, which included the affidavit.
His lawyers argued that Herrera “loitered at the Attorney General’s home for over an hour, repeatedly shouted at him, and accosted” him and his wife.
U.S. District Judge Robert Pitman granted both requests on Tuesday.
In a statement, the attorney general said that Herrera is “lucky this situation did not escalate further or necessitate force.”
See what others are saying: (The Texas Tribune) (CNN) (Fort Worth Star-Telegram)
Ron DeSantis Faces Lawsuit, Investigation for “Human Trafficking” of Migrants
A woman only known as “Pearla” allegedly lured the desperate migrants onto planes with monetary incentives and false promises.
A Political Stunt Blows Up in the Governor’s Face
After unexpectedly flying some 50 mostly Venezuelan migrants from San Antonio to Martha’s Vineyard last week, Florida Gov. Ron DeSantis (R) is staring down a class action lawsuit, a local investigation, and a potential probe from the Justice Department.
On Tuesday, Lawyers for Civil Rights, in conjunction with the nonprofit Alianza Americas filed a federal class-action lawsuit on behalf of the migrants. The filing names DeSantis, the state of Florida, Florida Department of Transportation Secretary Jared Perdue, and their accomplices as defendants.
It alleges they fraudulently induced the migrants to cross state lines to Martha’s Vineyard, where shelter and resources were not prepared.
According to several accounts, the migrants were falsely promised work, free rent, and immigration assistance in exchange for taking the trip.
The migrants are seeking unspecified damages on top of the cost of their legal fees for emotional and economic harm.
On Monday, Texas Bexar County Sheriff Javier Salazar announced that he was opening an investigation into the migrant flights and DeSantis’s role in the scheme, which he called an “abuse of human rights.”
“They feel that they were deceived in being taken from Bexar County — from San Antonio, Texas — to where they eventually ended up,” he told CNN on Tuesday. “That could be a crime here in Texas and we will handle it as such.”
Salazar also said in a statement that his office was working with private attorneys representing the victims and advocacy organizations and that he was prepared to work with “any federal agency with concurrent jurisdiction, should the need arise.”
Since making the announcement, the sheriff’s office has been bombarded by threats via phone and email, according to a statement by a spokesperson.
Dylan Fernandes, a Massachusetts state lawmaker representing Martha’s Vineyard, called on the DoJ to launch a human trafficking probe into DeSantis Sunday.
He wrote on Twitter about the “inhumane acts,” saying, “Not only is it morally criminal, there are legal implications around fraud, kidnapping, deprivation of liberty, and human trafficking.”
A Mysterious Woman Named Pearla
Several migrants have told reporters, and claimed in the class action lawsuit, that they were lured onto the planes by a tall, blonde woman calling herself Pearla.
She reportedly approached them outside the San Antonio shelter, on the street, and in a McDonald’s parking lot, talking to them in broken Spanish.
Eduardo Linares, a migrant who said he rejected Pearla’s offer, told The Boston Globe that she promised them a free trip to Massachusetts and guaranteed work.
Another migrant named Alejandro told the outlet she offered him three months of free rent, job placement, and help with his immigration case.
The San Antonio Report interviewed a migrant named Emmanuel who said Pearla paid him $200 to recruit other migrants for the flights.
Tuesday’s lawsuit filing elaborates on their claims, saying that they were enticed with $10 McDonald’s gift cards to fly to Boston or Washington.
It alleges that the migrants were rounded up in hotel rooms while the scheme’s organizers gathered enough people to fill two planes, with them sequestered so they could not discuss the plan with anyone else.
“Once the individual Plaintiffs and class members landed, it became clear that the promises made to induce them on the planes were in fact bold-faced lies,” the filing says.
DeSantis defended himself on Fox News Monday night, saying, “They all signed consent forms to go and then the vendor that is doing this for Florida provided them with a packet that had a map of Martha’s Vineyard, it has the number for different services that are on Martha’s Vineyard.”
The brochures given to the migrants, however, listed services for refugees, not asylum seekers, and some migrants have said they weren’t aware of this fact. If the migrants were misled, the participants in the scheme could be criminally liable.
Who Pearla is and who employs her is still unknown, but DeSantis has publically taken credit for chartering the flights.
The League of United Latin American Citizens is offering $5,000 for information leading to the identification, arrest, and conviction of Pearla.
Two days after arriving in Martha’s Vineyard, the migrants voluntarily took shelter in a Cape Cod military base, which is designed for such emergency purposes.