The Latest: Supreme Court blocks census citizenship question

Litigation Reports

The Supreme Court is forbidding President Donald Trump’s administration from adding a citizenship question to the 2020 census for now. The court says the Trump administration’s explanation for wanting to add the question was “more of a distraction” than an explanation.

It’s unclear whether the administration would have time to provide a fuller account. Census forms are supposed to be printed beginning next week.

The court ruled 5-4 on Thursday, with Chief Justice John Roberts joining the four liberals in the relevant part of the outcome.

A lower court found the administration violated federal law in the way it tried to add a question broadly asking about citizenship for the first time since 1950.

The Census Bureau’s own experts have predicted that millions of Hispanics and immigrants would go uncounted if the census asked everyone if he or she is an American citizen.

The Supreme Court says federal courts have no role to play in policing political districts drawn for partisan gain. The decision could embolden political line-drawing for partisan gain when state lawmakers undertake the next round of redistricting following the 2020 census.

The justices said by a 5-4 vote Thursday that claims of partisan gerrymandering do not belong in federal court. The court’s conservative, Republican-appointed majority says that voters and elected officials should be the arbiters of what is a political dispute.

The court rejected challenges to Republican-drawn congressional districts in North Carolina and a Democratic district in Maryland.

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USCIS to Continue Implementing New Policy Memorandum on Notices to Appear

U.S. Citizenship and Immigration Services (USCIS) is continuing to implement the June 28, 2018, Policy Memorandum (PM), Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens (PDF, 140 KB).

USCIS may issue NTAs as described below based on denials of I-914/I-914A, Application for T Nonimmigrant Status; I-918/I-918A, Petition for U Nonimmigrant Status; I-360, Petition for Amerasian, Widow(er), or Special Immigrant (Violence Against Women Act self-petitions and Special Immigrant Juvenile Status petitions); I-730, Refugee/Asylee Relative Petitions when the beneficiary is present in the US; I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant; and I-485 Application to Register Permanent Residence or Adjust Status (with the underlying form types listed above).

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.