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3 Things You Need to Know About Trump’s Unconstitutional Census Executive Order

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President Trump issued an executive order on June 21 that laid out a plan to violate the U.S. Constitution by excluding undocumented immigrants from the 2020 Census. An accurate census count is vital to ensuring that each state receives their fair share of seats in the U.S House of Representatives. It also directs hundreds of billions of dollars in federal funding for more than 100 programs.

Today’s Executive Order is another attempt to exclude people from being counted in the Census based on their immigration status. It is wrong and unconstitutional. We must make sure #EveryChildCounts in the #2020Census. https://t.co/eBSTWzjgpk

— Amer Acad Pediatrics (@AmerAcadPeds) July 21, 2020

1. What Does the Census Executive Order Say?

The executive order states that in January 2021, the president intends to submit a reapportionment plan to Congress that excludes all undocumented immigrants. Under the 14th Amendment to the Constitution, the census counts “the whole number of persons in each State” every 10 years. Between January 3 and January 10 following a census year, the president is required by law to submit a statement with that number to Congress. After that point, Congress uses the count to reapportion seats between states for the House of Representatives.

The order says that when the president submits that statement next January, he will exclude all undocumented immigrants from the count. He declares he has the discretion to determine that the word “persons” does not include undocumented immigrants. The executive order compares immigrants to tourists, who aren’t counted. That ignores that the average undocumented immigrant has been in the United States for over 15 years.

Trump planning executive order to exclude illegal aliens from census https://t.co/ewjfjzjrXQ via @nypost

— FAIR (@FAIRImmigration) July 21, 2020

2. What Does the Census Executive Order Do?

Why did President Trump issue this order? It might be to retaliate against sanctuary cities and liberal states that disagree with his immigration priorities.

Parts of the executive order strongly suggest this. The president declares that “States adopting policies that encourage illegal aliens to enter this country and that hobble Federal efforts to enforce the immigration laws passed by the Congress should not be rewarded with greater representation in the House of Representatives.” The order also says, without naming it, that one state gets additional members of Congress because it has over two million undocumented immigrants living in it. That state is California, which has long been a target for the president.

The census therefore becomes a weapon against these cities and states, which could lose out on representation and funding with an inaccurate census count.

Trump may use executive order on census question (YouTube July 2019)

ABC News 12,828 views •Jul 6, 2019

3. Is the Census Executive Order Legal?

The president’s extreme argument is legally indefensible.

Since the late 19th century, the Supreme Court has been clear that the word “persons” in the Constitution refers to all people, regardless of immigration status. In 1982 in Plyler v. Doe, the Supreme Court also made clear that the protections of the 14th Amendment, which apply to all “persons” in the United States, also apply to undocumented immigrants. And since 1790, the U.S. Census Bureau has counted every person residing in the United States during the census, regardless of immigration status. Even international students attending a university during a census year are counted.

 

But even if the executive order was legal, it would still be almost impossible to carry out. In 2019, the Supreme Court blocked the Census Bureau from adding a citizenship question. This means the Census Bureau will be unable to accurately determine who is or is not an immigrant and further, who is or is not undocumented.

President Trump’s abuse of power shows the lengths to which he will go to distract and divide the country in his war on immigrants. Hopefully, this illegal plan will be swiftly squashed in court.

Source: 3 Things You Need to Know About Trump’s Unconstitutional Census Executive Order

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Immigration Reform

Biden plans sweeping reversal of Trump immigration agenda

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BIDEN IMMIGRATION REFORM

President-elect Joe Biden is planning a swift reversal of President Trump’s most controversial immigration policies. CBS News’ Camilo Montoya-Galvez reports the incoming Democrat plans to dismantle within his first 100 days much of the agenda Mr. Trump has laid out over the last four years. Montoya-Galvez joins CBSN to break down Mr. Biden’s immigration plans.

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Immigration Reform

Biden plans to unravel Trump’s immigration policies during his first 100 days

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Great news for DACA and Dreamers.

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Politics / Legislation

Where Does Joe Biden Stand on Immigration?

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We are just 60 days away from Election day in the United States which falls on Tuesday, November 3rd. Do you know where your candidate stands on immigration? In this post, we cover Presidential nominee Joe Biden’s stance on important immigration issues, and everything you need to know about his vision for America. We would,

We are just 60 days away from Election day in the United States which falls on Tuesday, November 3rd. Do you know where your candidate stands on immigration? In this post, we cover Presidential nominee Joe Biden’s stance on important immigration issues, and everything you need to know about his vision for America.

We would also like to take this opportunity to remind those of our readers who are American citizens to exercise their right to vote. It is your civic duty and will help shape the nation’s immigration policy for the next four years. For voter registration information please click here.


Immigration under Joe Biden

If elected President of the United States, Joe Biden has stated that he will enact a number of policies during his four-year term. Among these policies, he promises to take urgent action to undo destructive policies implemented by the Trump administration, modernize the immigration system, reassert America’s commitment to asylum-seekers and refugees, and implement effective border screening.


Comprehensive Immigration Reform

First and foremost, Joe Biden supports working with Congress to pass a comprehensive immigration solution that would offer nearly 11 million undocumented immigrants a path to citizenship. As vice president, Joe Biden worked alongside former President Obama to push forward a bill that would do just that. Unfortunately, the Republican-led Congress refused to approve the bill, leaving millions of undocumented immigrants in limbo including Dreamers.

Joe Biden advocates for the creation and expansion of the Deferred Action for Childhood Arrivals program (DACA), the Deferred Action for Parents of Americans (DAPA) program,  the Central American Minors program, which allows parents with legal status in the U.S. to apply to bring their children from Central America to live with them, and the creation of a White House task force to support new Americans to integrate into American life and their communities.


Overview of Biden’s Immigration Commitments

Temporary Seasonal Workers. Biden wishes to work with Congress to reform the current system of temporary work visas to allow seasonal workers in select industries to easily switch jobs, while certifying the labor market’s need for foreign workers. Employers would be required to pay prevailing wages and ensure the right of all workers to join a union and exercise their labor rights.

High-skilled Temporary Visas. Biden will also work with Congress to reform temporary visas to establish a wage-based allocation process and create fraud prevention mechanisms. Biden supports expanding the number of high-skilled visas and eliminating the limits on employment-based visas by country, eliminating the backlogs.

Legalization for Agricultural Workers. For agricultural workers, Biden would support legislation between farmworkers and the agricultural industry to provide them with legal status based on prior agricultural work history, to ensure a “fast track” green card process ultimately workers them to apply for citizenship.

Removing Per-Country Cap Limitations. Biden is strongly against the current per-country cap visa limitations and the long waiting periods families must wait to be reunited. Biden will support a family-based immigration system allowing any approved applicant to receive a temporary non-immigrant visa until a permanent visa is processed, and will support legislation that treats spouses and children of green card holders as immediate relatives exempting them from the caps, and allowing parents to bring minor children with them at the time they immigrate.

Preserving the Diversity Visa Lottery Program. Biden will continue to support the diversity visa lottery program and preserve the program.

Increase Employment Based Visas. Regarding employment-based visas, Biden will work with Congress to increase the number of visas for permanent employment-based immigration and temporarily reduce the number of visas during times of high U.S. unemployment. Biden would exempt from any cap recent graduates of PhD programs in STEM fields in the US.

New Visa Category for Cities and Counties Seeking Immigrant Work. Biden supports creating a new visa category that would allow cities and counties to petition for higher levels of immigrant to support their growth, provided employers certify there are available jobs and no workers to fill them. Holders of these visas would need to work and reside in the city or county that petitioned them and be subject to certification protections similar to employment-based immigrants.

Expansion of U Visa Program. Biden will expand the U visa program to include eligibility for workers who report certain workplace crimes.

Increase visas for Domestic Violence Survivors and Victims of Crime. Finally, Biden plans to triple the current cap of 10,000 on U-visas and increase visas for domestic violence survivors.


Policy on Removal and Enforcement Actions

Joe Biden plans to focus his administration on prioritizing removal and enforcement actions on persons who pose a threat to national security and public safety. The Biden administration would not target the removal of working-class undocumented immigrants and their families. Biden also promises to end mass workplace raids and prevent enforcement actions and operations at sensitive locations including schools, hospitals, and places of worship.

With regard to the influx of undocumented immigration from Central America, the Biden administration would address the root of the problem, by securing bipartisan support and funding to countries in the Northern Triangle to help these countries tackle violence and insecurity, lack of economic opportunity, and corruption in the region.


Joe Biden’s 100-Day Plan

Within his first 100 days in office, the Biden administration commits to:

  • Immediately reverse the Trump Administration’s policies that have separated parents from children at the border, including ending prosecution of parents for minor immigration violations, and prioritizing family reunification.
  • Immediately reverse the Trump administration’s public charge rule
  • End the “national emergency” imposed by the Trump administration to enable the Department of Defense to build a wall along the U.S./Mexico border
  • Protect Dreamers and their families, by reinstating the DACA program and exploring all legal options to protect families from inhumane separation
  • Restore and defend the naturalization process for green card holders by removing roadblocks to naturalization, addressing the application backlog and rejecting imposition of unreasonable fees
  • End the Trump administration’s detrimental asylum policies
  • Rescind the travel and refugee bans also known as the “Muslim bans” by the Trump administration
  • Review Temporary Protected Status (TPS) for vulnerable populations and introduce a bill that will allow TPS/DED holders who have been in the country for an extended period of time, a path to citizenship
  • End the mismanagement of the asylum system to ensure asylum applications are processing fairly and efficiently
  • Increase humanitarian resources at the border through a network of organizations including faith-based shelters, non-governmental aid organizations, legal non-profits, and other organizations
  • End prolonged detention and investment in a case management program, by supporting the Flores agreement which prevents the detention of children indefinitely
  • Restore sensible enforcement prioritizes targeting threats to public safety and national security, and not workers and their families

To read more about Joe Biden’s proposed policies on immigration please click here.


Source: Where Does Joe Biden Stand on Immigration?

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