- The Census Bureau announced that it will end all counting efforts on Sept. 30, a move numerous experts and census workers have said will drastically skew the census data and make it basically unusable.
- Around 4 out of 10 households have not responded to the census, and now the bureau has just under two months to count tens of millions of people.
- Experts have said the decision will specifically hurt communities of color, immigrants, and lower-income households.
- The move comes after President Trump passed an order directing the census bureau to calculate the congressional seats each state gets without including undocumented immigrants in the population count.
- Many argue both actions were done intentionally by the Trump administration to benefit Republicans because excluding historically undercounted groups, and specifically undocumented immigrants, will give them more seats.
Census Bureau Announcement
The Census Bureau released a statement late Monday announcing that it will end all counting efforts on Sept. 30, a full month early.
The move sparked widespread concern from many experts and politicians who argue the decision will undermine the national population count, which is the sole determinant for how congressional seats are allocated and trillions of dollars in federal aid is given to states for infrastructure, schools, health care, and more for the next decade.
Not only is the 2020 census the largest and most complicated count in American history, it also comes during a pandemic. The way the census works is that the bureau first asks people to respond themselves through mail, phone, or online— a process called “self-response.”
After that, the agency goes door-to-door to households that did not respond. Now, the bureau is cutting the in-person counting process short at a time when it has already been delayed by the pandemic.
Because of those delays, earlier this year, the bureau extended door-to-door efforts to the end of October instead of the original date which was set in July. As a result, the in-person interviews started last month in certain parts of the U.S. and are set to be expanded to the rest of the country next week.
But while the counting deadline was pushed, the deadline for turning in the data that says how congressional seats will be reallocated was not. Federal law says that the Census Bureau has to send population totals to the president by Dec. 31 of every census year.
However, because the in-person counting itself was delayed, experts and current top Census Bureau officials have been saying for months now that the December deadline is impossible.
Tim Olson, the census official leading field operations for the count, outlined those concerns as early as May.
“We have passed the point where we could even meet the current legislative requirement of Dec. 31. We can’t do that anymore,” he said during a webcast.
The Census Bureau, for its part, did try to have that date pushed. Around the same time the agency delayed the counting deadline, they also asked Congress to push the December data deadline to April 2021.
The House approved that ask in their $3 trillion coronavirus stimulus bill passed in May, but the Senate’s proposal, which has not passed yet, does not include the extension.
When the idea was first floated, Trump himself publicly said he supported extending the deadline to April 2021. Now, it seems like that has changed because census workers have said the White House and the Commerce Department have been pushing the bureau to speed up the process.
In its Monday Statement, the Census Bureau specifically said that it was cutting the count short and making these changes to meet the Dec. 31 deadline outlined by the administration.
Now, the bureau will have just under two months to count all those unresponsive households to meet a deadline many say is already unrealistic. That is incredibly significant because the already delayed and now shortened door-to-door outreach is starting at a time with the lowest self-response rate in history.
According to reports, around 4 out of every 10 households in the U.S. have still not been counted. Many experts are worried that tons of people will be undercounted, and that absolutely essential data will be skewed.
“The chances of having a census accurate enough to use is unclear — very, very much unclear,” Kenneth Prewitt, the bureau director from 1998 to 2001 told Congress members during a hearing last week.
Prewitt spoke along with three other former census directors, who warned Congress that the lack of adequate time to follow up in person with households that have not responded and to go to communities that are traditionally hard to contact will result in many people not being counted. As a result, the federal aid for those communities will be lowered and the political representation will be lessened.
That is a serious problem period, but especially because of the pandemic.
“Rushing census operations, as the administration is attempting to do, ensures the bureau won’t count millions of people — especially those hit hardest by the pandemic,” Vanita Gupta, president and chief executive officer of the Leadership Conference on Civil and Human Rights wrote in an op-ed in The Washington Post. “It will leave the country with inaccurate numbers that deprive communities of resources, political power and the federal assistance necessary to recover from the pandemic for the next 10 years.”
These facts are also even more concerning because the communities that are more likely to be counted during the in-person interviews are also those that have been hardest by the pandemic.
Historically, people of color, immigrants, low-income households, people experiencing homelessness, college students, and elderly people in assisted living facilities are less likely to fill out a census form on their own.
Trump’s Immigration Orders
But that’s not even the only issue that the Census Bureau’s announcement poses for some of those communities. In the statement, the agency also said it “continues its work on meeting the requirements” of two orders from President Donald Trump.
The first is an executive order from last July that told administrative agencies to collect data on undocumented immigrants to give counts that states could then use to draw congressional districts did not include those groups. Trump signed the rule after the Supreme Court ruled that the Commerce Department could not put a question on the census asking people if they were U.S. citizens.
The second order is a presidential memorandum from two weeks ago telling the bureau to calculate the number of congressional seats each state gets without including undocumented immigrants in the population count. The memo is already the subject of numerous lawsuits and is widely viewed by legal scholars as unconstitutional.
Some experts have said that even if the order is not upheld, it could still impact undocumented representation because those communities will be worried that their answers will be used against them and will not respond.
“They clearly have an agenda for not counting undocumented immigrants in the apportionment count,” Gupta said. “I think the administration knows their order isn’t going to be constitutional. Maybe through fear of it, they’re trying to get to the same place.”
If that order goes through, it could drastically shift the outcome of the census. Studies have shown that not counting undocumented immigrants could help Republicans.
According to the University of Virginia Center for Politics, excluding undocumented immigrants from the census would mean California would lose two House seats, New Jersey would lose one seat, Texas would gain two seats instead of three.
Meanwhile, Alabama and Ohio would both gain a seat despite the fact that they are currently not expected to gain seats under a conventional count.
Trump Accused of Skewing Data Intentionally
Many have said that Trump’s order to exclude undocumented immigrants explains why the administration wants to speed up the census.
According to legal experts, if the order is to have any chance of succeeding, the census totals for redistricting need to be delivered to Trump while he is still in office.
“An end-of-year delivery of population figures could provide a different avenue for Mr. Trump to remove undocumented immigrants — by not counting them in the first place,” The New York Times explains. “And delaying the totals until next year, as had been planned, would open the possibility that the totals would go to a new president and Congress.”
Due to both the recent order and the decision to cut the count a month short, numerous people have accused Trump of intentionally taking actions to directly benefit Republicans.
“The 2020 Census will also guide the distribution of political power. With an inaccurate count, under Trump’s scheme, congressional districts, apportioned by Congress every 10 years, will become whiter and more Republican, despite population trends that run the exact opposite direction,” Rep. Karen Bass (D-Ca.) and former Georgia gubernatorial candidate Stacey Abrahms wrote in an op-ed published The Post.
“The electoral college will be further weighted against the will of the people. District maps from the state house to the school board will be inaccurate, silencing entire communities from being seen and heard.”
Census Bureau Director Steven Dillingham, however, defended the move in Monday’s statement, and claimed that the bureau is “committed to a complete and accurate 2020 Census.”
“Building on our successful and innovative internet response option, the dedicated women and men of the Census Bureau, including our temporary workforce deploying in communities across the country in upcoming weeks, will work diligently to achieve an accurate count,” he added.
If your household has not filled out the census, you can visit My2020Census.gov to be counted today.
See what others are saying: (NPR) (Politico) (The Washington Post)
Feds Investigate Classified Files Found in Biden’s Former Office
The documents reportedly include U.S. intelligence memos and briefing materials that covered topics such as Ukraine, Iran, and the United Kingdom
What Was in the Files?
President Biden’s legal team discovered about 10 classified files in his former office at the Penn Biden Center for Diplomacy and Global Engagement in Washington D.C., the White House revealed Monday.
The Department of Justice has concluded an initial inquiry into the matter and will determine whether to open a criminal investigation.
According to a source familiar with the matter who spoke to CNN, they include U.S. intelligence memos and briefing materials that covered topics such as Ukraine, Iran, and the United Kingdom.
A source also told CBS News the batch did not contain nuclear secrets and had been contained in a folder in a box with other unclassified papers.
The documents are reportedly from Biden’s time as vice president, but it remains unclear what level of classification they are and how they ended up in his office.
Biden kept an office in the. Penn Biden Center, a think tank about a mile from the White House, between 2017 and 2020, when he was elected president.
On Nov. 2, his lawyers claim, they discovered the documents as they were clearing out the space to vacate it.
They immediately notified the National Archives, which retrieved the files the next morning, according to the White House.
What Happens Next?
Attorney General Merrick Garland must decide whether to open a criminal investigation into Biden’s alleged mishandling of the documents. To that end, he appointed John Lausch Jr., the U.S. attorney in Chicago and a Trump appointee, to conduct an initial inquiry.
Garland reportedly picked him for the role despite him being in a different jurisdiction to avoid appearing partial.
Lausch has reportedly finished the initial part of his inquiry and provided a preliminary report to Garland.
If a criminal investigation is opened, Garland will likely appoint an independent special counsel to lead it.
The case mirrors a similar DoJ special counsel investigation into former President Donald Trump’s alleged mishandling of classified materials and obstruction of efforts to properly retrieve them.
On Nov. 18, Garland appointed Jack Smith to investigate over 300 classified documents found at Trump’s Florida residence, Mar-a-Lago.
Trump resisted multiple National Archives requests for the documents for months leading up to the FBI’s raid on his property, then handed over 15 boxes of files only for even more to be found still at Mar-a-Lago.
“When is the FBI going to raid the many houses of Joe Biden, perhaps even the White House?” Trump wrote on Truth Social Monday. “These documents were definitely not declassified.”
Rep. James Comer (R-KY), the new chairman of the House Oversight Committee, told reporters he will investigate the Biden files.
Republicans have been quick to pounce on the news and compare it to Trump’s classified files, but Democrats have pointed out differences in the small number of documents and Biden’s willingness to cooperate with the National Archives.
The White House has yet to explain why, if the files were first discovered six days before the midterm elections, the White House waited two months to reveal the news to the public.
See what others are saying: (CNN) (The New York Times) (BBC)
Lawmakers Propose Bill to Protect Fertility Treatments Amid Post-Roe Threats
The move comes as a number of states are considering anti-abortion bills that could threaten or ban fertility treatments by redefining embryos or fetuses as “unborn human beings” without exceptions for IVF.
The Right To Build Families Act of 2022
A group of Democratic lawmakers introduced a bill Thursday that would codify the right to use assisted reproductive technologies like in-vitro fertility (IVF) treatments into federal law.
The legislation, dubbed the Right To Build Families Act of 2022, was brought forward by Sens. Tammy Duckworth (D-Il) and Patty Murray (D-Wa.) alongside Rep. Susan Wild (D- Pa.). The measure would bar any limits on seeking or receiving IVF treatments and prohibit regulations on a person’s ability to retain their “reproductive genetic materials.”
The bill would also protect physicians who provide these reproductive services and allow the Justice Department to take civil action against any states that try to limit access to fertility treatments.
The lawmakers argue it is necessary to protect IVF because a number of states have been discussing and proposing legislation that could jeopardize or even ban access to the treatments in the wake of the Roe v. Wade reversal.
“IVF advocates in this country today are publicly telling us, ‘We need this kind of legislation to be able to protect this,’” Murray told HuffPost. “And here we are after the Dobbs decision where states are enacting laws and we have [anti-abortion] advocates who are now starting to talk, especially behind closed doors, about stopping the right for women and men to have IVF procedures done.”
Fertility Treatments Under Treat
The state-level efforts in question are being proposed by Republican lawmakers who wish to further limit abortions by redefining when life begins. Some of the proposals would define embryos or fetuses as “unborn human beings” without exceptions for those that are created through IVF, where an egg is fertilized by a sperm outside the body and then implanted in a uterus.
For example, a bill has already been pre-filed in Virginia for the 2023 legislative session that explicitly says life begins at fertilization and does not have any specific language that exempts embryos made through IVF.
Experts say these kinds of laws are concerning for a number of reasons. In the IVF process, it is typical to fertilize multiple eggs, but some are discarded. If a person becomes pregnant and does not want to keep the rest of their eggs. It is also normal that not all fertilized eggs will be viable, so physicians will get rid of those.
Sometimes doctors will also implant multiple fertilized eggs to increase the likelihood of pregnancy, but that can result in multiple eggs being fertilized. In order to prevent having multiple babies at once and improve the chance of a healthy pregnancy, people can get a fetal reduction and lower the number of fetuses.
All of those actions could become illegal under proposals that do not provide exemptions.
“In my case, I had five fertilized eggs, and we discarded three because they were not viable. That is now potentially manslaughter in some of these states,” said Duckworth, who had both of her daughters using IVF.
“I also have a fertilized egg that’s frozen. My husband and I haven’t decided what we will do with it, but the head of the Texas Right to Life organization that wrote the bounty law for Texas has come out and specifically said he’s going after IVF next, and he wants control of the embryos,” Duckworth added.
In a hearing after Roe was overturned, Murray also raised concerns about “whether parents and providers could be punished if an embryo doesn’t survive being thawed for implantation, or for disposing unused embryos.”
Experts have said that even if anti-abortion laws defining when life begins do provide exceptions, it would be contradictory and confusing, so providers would likely err on the side of caution and not provide services out of fear of prosecution.
“[Abortion bans] are forcing women to stay pregnant against their will and are, at the very same time, threatening Americans’ ability to build a family through services like IVF,” Murray said in a statement to Axios. “It’s hard to comprehend, and it’s just plain wrong.”
The federal legislation to combat these efforts faces an uphill battle. It is unlikely it will be passed in the last few days of lame duck session, and with control of Congress being handed to Republicans come January, movement in the lower chamber will be hard fought.
Duckworth, however, told Axios that she will keep introducing the legislation “until we can get it passed.”
Hundreds of Oath Keepers Claim to Be Current or Former DHS Employees
The revelation came just weeks after the militia’s founder, Stewart Rhodes, was convicted on seditious conspiracy charges for his involvement in the Jan. 6 insurrection.
An Agency Crawling With Extremists
Over 300 members of the far-right Oath Keepers militia group claim to be current or former employees at the Department of Homeland Security, the Project on Government Oversight (POGO) reported Monday.
The review appears to be the first significant public examination of the group’s leaked membership list to focus on the DHS.
The agencies implicated include Border Patrol, Coast Guard, Immigration and Customs Enforcement, and the Secret Service.
“I am currently a 20 year Special Agent with the United States Secret Service. I have been on President Clinton and President Bush’s protective detail. I was a member and instructor on the Presidential Protective Division’s Counter Assault Team (CAT),” one person on the list wrote.
POGO stated that the details he provided the Oath Keepers match those he made in a sworn affidavit filed in federal court.
The finding came just weeks after Oath Keepers founder Stewart Rhodes was convicted on seditious conspiracy charges for his involvement in the Jan. 6 insurrection.
“Law enforcement agents who have associations with groups that seek to undermine democratic governance pose a heightened threat because they can compromise probes, misdirecting investigations or leaking confidential investigative information to those groups,” POGO said in its report.
In March, the DHS published an internal study finding that “the Department has significant gaps that have impeded its ability to comprehensively prevent, detect, and respond to potential threats related to domestic violent extremism within DHS.”
Some experts have suggested the DHS may be especially prone to extremist sentiments because of its role in policing immigration. In 2016, the ICE union officially endorsed then-candidate Donald Trump for president, making the first such endorsement in the agency’s history.
The U.S. Government has a White Supremacy Problem
Copious academic research and news reports have shown that far-right extremists have infiltrated local, state, and federal law enforcement agencies.
In May, a Reuters investigation found at least 15 self-identified law enforcement trainers and dozens of retired instructors listed in a database of Oath Keepers.
In 2019, Reveal from The Center for Investigative Reporting found that almost 400 current or former law enforcement officials belonged to Confederate, anti-Islam, misogynistic or anti-government militia Facebook groups.
The Pentagon has long struggled with its own extremism problem, which appears to have particularly festered in the wake of the U.S. invasions of Iraq and Afghanistan.
Nearly one in four active-duty service members said in a 2017 Military Times poll that they had observed white nationalism among the troops, and over 40% of non-white service members said the same.
The prevalence of racism in the armed forces is not surprising given that many of the top figures among right-wing extremist groups hailed from the military and those same groups are known to deliberately target disgruntled, returning veterans for recruitment.
Brandon Russell, the founder of the neo-Nazi group AtomWaffen, served in the military, as did George Lincoln Rockwell, commander of the American Nazi Party, Louis Beam, leader of the KKK, and Richard Butler, founder of the Aryan Nation.
In January, NPR reported that one in five people charged in federal or D.C. courts for their involvement in the Capitol insurrection were current or former military service members.