Case Summary

On July 27, 2020, the City of San Jose, 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." Plaintiffs have argued 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 have also alleged 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 plaintiffs have requested that the court declare the President's Memorandum unlawful and order the Census Bureau to include undocumented residents in the official state population counts. This case was consolidated with California v. Trump on August 14, 2020.

The U.S. District Court for the Northern District of California, San Jose Division, ruled that the Presidential Memorandum violates both the U.S. Constitution and federal statutory provisions on October 22, 2020, and issued an injunction barring its implementation. The case was appealed to the U.S. Supreme Court on October 23, 2020. On January 4, 2021, the Supreme Court ordered that the case be remanded back to the district court with instructions to be dismissed for lack of jurisdiction in light of the Court's ruling in Trump v. New York. On January 11, 2021, the Defendants-Appellants filed an unopposed motion for voluntary dismissal, which the Ninth Circuit granted on January 12, 2021, dismissing the appeal and ending the lawsuit.

Case Library

U.S. District Court for the Northern District of California, San Jose Division - No. 5:20-cv-05167

U.S. Court of Appeals for the Ninth Circuit - No. 20-17104 [consolidated with California v. Trump, No. 20-17105]

Supreme Court of the United States - No. 20-561 [together with California v. Trump]