New York Judges block Trump order to exclude undocumented immigrants from census

A three-judge federal court panel on Thursday blocked a memorandum signed by President Trump seeking to exclude undocumented immigrants from the census count for the purpose of reapportioning seats in the House of Representatives.

The judges, based in New York, said Trump’s order would violate the statute governing congressional apportionment, which says congressional seats must be allotted based on everyone living in the United States.

The ruling came hours after another federal judge ordered the Trump administration to hand over documents connected to the government’s abrupt decision to end the 2020 census count a month earlier than the Census Bureau previously planned.

The panel of judges — including U.S. Circuit Judge Richard Wesley (President George W. Bush nominated Wesley to the Second Circuit in order to fill the seat vacated by Judge Pierre N. Leval, who took senior status.), Circuit Judge Peter Hall (President Bush nominated Hall to the Second Circuit on December 9, 2003) and District Judge Jesse Furman (President Barack Obama nominated Furman to a seat on the United States District Court for the Southern District of New York ) — noted the president does have some direction over the census and how the results of the count are used for reapportionment. But that authority, which is delegated from Congress, is limited.

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