{"id":11906,"date":"2019-04-18T07:07:00","date_gmt":"2019-04-18T07:07:00","guid":{"rendered":"https:\/\/galeo.org\/2019\/04\/organizaciones-de-derechos-civiles-impugnan-la-no-discriminacion-en-la-sentencia-del-censo-de-maryland\/"},"modified":"2023-02-23T22:48:50","modified_gmt":"2023-02-23T22:48:50","slug":"organizaciones-de-derechos-civiles-impugnan-la-no-discriminacion-en-la-sentencia-del-censo-de-maryland","status":"publish","type":"post","link":"https:\/\/galeo.org\/es\/2019\/04\/organizaciones-de-derechos-civiles-impugnan-la-no-discriminacion-en-la-sentencia-del-censo-de-maryland\/","title":{"rendered":"Organizaciones de derechos civiles impugnan la no discriminaci\u00f3n en la sentencia del censo de Maryland\ufffc"},"content":{"rendered":"\n

PRESS RELEASE<\/strong>                        <\/p>\n\n\n\n

FOR IMMEDIATE DISTRIBUTION <\/strong><\/p>\n\n\n\n

CONTACT:<\/strong><\/p>\n\n\n\n

Michelle Boykins: 202-296-2300 x. 0144<\/p>\n\n\n\n

mboykins@advancingjustice-aajc.org<\/a> <\/p>\n\n\n\n

Sandra Hernandez: (213) 629-2512 x. 129<\/p>\n\n\n\n

shernandez@maldef.org<\/a><\/p>\n\n\n\n

April 16, 2019<\/p>\n\n\n\n

Civil Rights Organizations Contest Finding of Non-Discrimination in Maryland Census Ruling<\/strong> <\/p>\n\n\n\n

Washington, D.C.<\/strong> \u2013 Civil rights groups filed a notice of cross-appeal today in their lawsuit challenging the Trump administration\u2019s addition of a citizenship question to the 2020 Census.  The filing follows an appeal by the Trump administration of the ruling against the citizenship question.<\/p>\n\n\n\n

A federal court in Maryland ruled in April that the addition of the citizenship question violates the Administrative Procedures Act and the Enumeration Clause of the U.S. Constitution, but fell short of ruling that the White House purposefully sought to exclude non-citizens, particularly immigrants of color, from the decennial Census in violation of the Equal Protection Clause of the Fifth Amendment.  The Trump administration recently appealed the court\u2019s order prohibiting the addition of the citizenship question to the Census. <\/p>\n\n\n\n

Attorneys with MALDEF (Mexican American Legal Defense and Educational Fund) and Asian Americans Advancing Justice | AAJC (Advancing Justice | AAJC) filed a cross-appeal on the sole question of whether the Administration\u2019s motive for the question was racially discriminatory. <\/p>\n\n\n\n

\u201cThe American people have the right to know when their government engages in unconstitutional discrimination, particularly when it does so in order to undermine the Census,\u201d said Thomas A. Saenz, MALDEF president and general counsel.  \u201cWilbur Ross should long ago have resigned in disgrace; the evidence and court findings in this case plainly demonstrate that he engaged in despicable and unlawful racial discrimination.\u201d<\/p>\n\n\n\n

MALDEF and Advancing Justice | AAJC filed the notice in the U.S. District Court in Maryland; the Trump administration appeal and the plaintiffs\u2019 cross-appeal will be considered by the U.S. Court of Appeals for the Fourth Circuit.<\/p>\n\n\n\n

\u201cThe court recognized the racial discrimination that immigrants have faced from this president and this administration, including the actions taken by Secretary Wilbur Ross,\u201d said John C. Yang, president and executive director of Asian Americans Advancing Justice | AAJC. \u201cSecretary Wilbur Ross blatantly disregarded the advice from experts within his department, former census directors, and experts from leading organizations \u2014 including Advancing Justice | AAJC \u2014 who advised him against adding the citizenship question because it would result in less participation from immigrants, non-citizens, and communities of color.  The evidence shows a pattern and clear intent by Secretary Ross to carry out the racial animus designs of this administration.\u201d<\/p>\n\n\n\n

U.S. District Judge George J. Hazel\u2019s ruling found that President Trump and Kris Kobach \u201charbored discriminatory animus towards non-citizens,\u201d and that at the urging of Trump advisors \u201cthe Secretary considered the impact of counting illegal immigrants in the Census.\u201d   But the court concluded that although the Secretary\u2019s stated rationale was pure pretext, ultimately \u201cSecretary Ross\u2019s original rationale remains, to some extent, a mystery.\u201d<\/p>\n\n\n\n

Attorneys with MALDEF and Advancing Justice |AAJC contend that the Court erred because its own findings of fact as a matter of law compel the conclusion that the Administration engaged in intentional discrimination. <\/p>\n\n\n\n

\u201cSupreme Court law recognizes that legislators and administrators rarely, if ever, admit racially discriminatory motives, and that they, like Secretary Ross, hide behind executive and legislative privilege,\u201d said Denise Hulett, national senior counsel at MALDEF.  \u201cA finding of governmental intentional discrimination therefore properly rests on evidence of the kind that the District Court already found.  That evidence places the gun in Secretary Ross\u2019s hand, identifies the discriminatory sources of the bullets, and describes the smoke that will obscure and distort the census count.\u201d<\/p>\n\n\n\n

MALDEF and Advancing Justice | AAJC sued Trump administration last May. The lawsuit, LUPE v. Ross<\/em>, was later consolidated with Kravitz v. U.S. Department of Commerce,<\/em> another challenge to the citizenship question filed with the Maryland court.<\/p>\n\n\n\n

Attorneys for both groups represent Latino and Asian American individuals, Native Americans, social service non-profits, state legislative associations, civil rights groups, voters\u2019 rights organizations, and community partnerships that would be forced to divert resources to combat a potential severe undercount in their respective communities.<\/p>\n\n\n\n

\u201cMore than 90% of Asian Americans are either immigrants or children of immigrants, so the proposed citizenship question has significant relevance to our community,\u201d said Niyati Shah, assistant director of legal advocacy for Asian Americans Advancing Justice | AAJC. \u201cIt should not be a surprise that the Census Bureau staff repeatedly advised Secretary Wilbur Ross that a citizenship question would cause harm to non-citizens and historically hard-to-count populations, including the Asian American community. We hope that the fourth circuit will vindicate the rights of our communities and agree that racial animus played a role in the administration\u2019s attempt to add this question.\u201d<\/p>\n\n\n\n

Two other courts in New York and California have also moved to block the addition of a citizenship question because it violates the APA and Enumeration Clause. The U.S. Supreme Court has granted review of the New York case, and has scheduled oral argument for April 23.<\/p>\n\n\n\n

Census data are crucial to allocating seats in Congress, drawing accurate election districts and ensuring equitable distribution of federal funds for a wide range of vital programs such as the Supplemental Nutrition Assistance Program (SNAP), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), Section 8 housing vouchers, transportation funds, and special education grants.<\/p>\n\n\n\n

Read the notice to appeal HERE<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"

PRESS RELEASE                         FOR IMMEDIATE DISTRIBUTION  CONTACT: Michelle Boykins: 202-296-2300 x. 0144 mboykins@advancingjustice-aajc.org  Sandra Hernandez: (213) 629-2512 x. 129 shernandez@maldef.org April 16, 2019 Civil Rights Organizations Contest Finding of Non-Discrimination in Maryland Census Ruling  Washington, D.C. \u2013 Civil rights groups filed a notice of cross-appeal today in their lawsuit challenging the Trump administration\u2019s addition of a citizenship […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"sfsi_plus_gutenberg_text_before_share":"","sfsi_plus_gutenberg_show_text_before_share":"","sfsi_plus_gutenberg_icon_type":"","sfsi_plus_gutenberg_icon_alignemt":"","sfsi_plus_gutenburg_max_per_row":"","om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[14],"tags":[],"class_list":["post-11906","post","type-post","status-publish","format-standard","hentry","category-sin-categorizar"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/posts\/11906","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/comments?post=11906"}],"version-history":[{"count":5,"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/posts\/11906\/revisions"}],"predecessor-version":[{"id":12279,"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/posts\/11906\/revisions\/12279"}],"wp:attachment":[{"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/media?parent=11906"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/categories?post=11906"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/galeo.org\/es\/wp-json\/wp\/v2\/tags?post=11906"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}