In July 2020, Haitian-Americans United, Inc., and several other non-profit organizations operating in Massachusetts filed a federal lawsuit challenging the legality of President Trump's "Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census." The plaintiffs allege that the President's plan to exclude undocumented immigrants from the census's state population totals used for reapportionment violates the U.S. Constitution's Enumeration Clause (Art. I, Sec. 2), various federal statutes including the Census Act and the Administrative Procedure Act, and is otherwise racially discriminatory in violation of the Equal Protection Clause. Plaintiffs are seeking both declaratory and injunctive relief to bar the President and Secretary of Commerce from going through with the plan outlined in their memorandum.

On January 12, 2021, the plaintiffs filed a notice with the district court voluntarily dismissing all of their claims in this action, and on January 13, 2021, the district court issued an order dismissing the plaintiffs' claims without prejudice.


U.S. District Court for the District of Massachusetts - 1:20-cv-11421