Case Summary

On July 24, 2020, The New York Immigration Coalition and other groups filed suit against President Trump in response to his "Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census." Other defendants include the Secretary of Commerce and the Department of Commerce as well as the Census Bureau and the Census Bureau Director. Plaintiffs argue that the President's Memorandum violates both constitutional and federal statutory requirements that all persons be included in the official state population counts, regardless of their immigration or citizenship status. Plaintiffs also allege that the President's Memorandum is motivated by an intent to discriminate against Hispanic and immigrant communities, thereby implicating equal protection and due process concerns.

The U.S. District Court for the Southern District of New York ruled that the Presidential Memorandum is unlawful and enjoined the federal government from implementing its directive.

The case was consolidated with New York v. Trump on August 4, 2020, and was appealed to both the Second Circuit Court of Appeals and the U.S. Supreme Court on September 16, 2020. To view documents on the Supreme Court case, No. 20-366, see New York v. Trump.

On January 13, 2021, the court granted the Defendant-Appellants' motion to voluntarily dismiss their appeal following the U.S. Supreme Court's ruling in New York v. Trump.

On January 20, 2021, President Biden signed an Executive Order directing the Department of Commerce to calculate state population totals and reapportionment figures based upon the whole number of persons in the state without regard to their immigration status, thereby revoking President Trump's Executive Order 13880 and Presidential Memorandum of July 21, 2020.

Case Library

U.S. District Court for the Southern District of New York - 1:20-cv-05781 [together with 1:20-cv-05770]

U.S. Court of Appeals for the Second Circuit - 20-3142

Supreme Court of the United States - 20-366