2020 United States census

The United States Census 2020 was the twenty-fourth decennial United States census. Census Day, the reference day used for the census, was April 1, 2020.[2][3] Other than a pilot study during the 2000 Census,[4] this is the first U.S. census to offer options to respond online or by phone, in addition to the option to respond on a paper form as with previous censuses.[5]

United States Census 2020
April 1, 2020
Seal of the U.S. Census Bureau
General information
CountryUnited States
Topics
AuthorityU.S. Census Bureau
Websitecensus.gov
Results
Participation 99.98% of addresses
Total population332,601,000 (estimate)[1]

Background

As required by the United States Constitution, the U.S. census has been conducted every 10 years since 1790. The 2010 United States census was the previous census completed. All persons in the U.S. age 18 years and older are legally obligated to answer census questions, and to do so truthfully (Title 13 of the United States Code).[6][7] Personally identifiable information is private and the Census Bureau itself will never release it. However, the National Archives and Records Administration (NARA) could release the original census returns in 2092, if the 72-year rule is not changed before then.[8]

A yard sign encouraging completion in Columbus, Ohio

On census reference day, April 1, 2020, the resident United States population (50 states + DC, excluding overseas territories, military members stationed abroad and civilian U.S. citizens living abroad) was projected to be 329.5 million,[9] a 6.7% increase from the 2010 census.

Purpose

Reapportionment

The results of the 2020 census will determine the number of seats for each state in the House of Representatives, and the number of electors for each state in the Electoral College (minus the two electoral votes allocated to each states regardless of population), for elections in 2022 to 2030.

Forecasters have projected which states will gain or lose seats due to the 2020 reapportionment. According to these estimates,

Redistricting
See also: 2020 United States redistricting cycle

State and local officials use census counts to redraw boundaries for districts like congressional districts (redistricting), state legislative districts, and school districts.

Federal funding distribution

Dozens of federal programs use census data to help direct funding to state and local areas. Census results help determine how more than $675 billion in federal funding is allocated to states and communities each year for roads, schools, hospitals (health clinics), emergency services, and more.[13]

Major design changes

The 2020 census is the first U.S. census to offer a full Internet response option and the first to extensively use technology as opposed to paper to manage and conduct field work.

Key design changes include:[5][14][15]

  • Three response options: Internet, paper, and phone. Ultimately, every household will get a paper form if they don't respond online. Households in low-Internet areas will receive a paper form from the start.
  • Multiple languages: In addition to English, respondents can complete the census in 12 other languages online or by phone. In addition, language guides, language glossaries, and language identification cards will be provided in 59 non-English languages.
  • In-office address canvassing: In the 2010 and earlier censuses, census workers walked every street in America to verify addresses on the ground. The 2020 census uses satellite and GPS imagery to identify those areas where housing is changing, and assigns workers to verify those addresses in person.
  • Digital case management: Census takers will use secure smartphones to get daily assignments, navigate to interviews, communicate with supervisors and submit timesheets. Special software is designed to optimize assignments, streamline management, flag issues immediately, and reduce unnecessary follow-up visits.
  • Streamlined follow-up visits using existing data sources: The 2020 census will use existing government and third-party data to identify vacant households, to predict the best time of day to visit a particular household, and to count and provide characteristics for the people in the household after multiple attempts using existing high-quality data from trusted sources.

Questions and data uses
Paper questionnaire and return envelope

As required by the Census Act,[16] the U.S. Census Bureau submitted a list of questions to Congress on March 29, 2018.[17] The U.S. census will not share any participant's information with any government agency, as it is prohibited by Title 13 United States code. It has been challenged, however the Supreme Court has always prevailed in reference to Title 13 to protect the confidentiality and privacy of information provided.[18] Based on those questions and a subsequent executive order, the 2020 census will ask:[19][20]

  1. The number of people living or staying at the respondent's home on April 1, 2020.
    Used for the total count and to ensure everyone is counted once, only once, and in the right place according to where they live on Census Day.
  2. Whether the home is owned or rented.
    Used to produce statistics about homeownership and renters for economic indicators, housing programs and informing planning decisions.
  3. The sex of each person in the household.
    Used to produce statistics used to plan and fund government programs, enforce laws, regulations, and policies against discrimination.
  4. The age of each person in the household.
    Used to better understand the size and characteristics of different age groups. Agencies use these data to plan and fund government programs that support specific age groups, including children and older populations.
  5. The race of each person in the household.
    Used by federal agencies to monitor compliance with anti-discrimination provisions, such as those under the Voting Rights Act and Civil Rights Act.
  6. Whether a person in the household is of Hispanic, Latino, or Spanish origin.
    Used by federal agencies to monitor compliance with anti-discrimination provisions, such as those under the Voting Rights Act and the Civil Rights Act.
  7. The relationship of each person in the household to each other.
    Used to plan and fund government programs that support families, including people raising children alone, and other households that qualify for additional assistance.

Timeline
  • January–March 2019: The U.S. Census Bureau opens 39 area census offices.[21]
  • June–September 2019: The Census Bureau opens the remaining 209 area census offices. The offices support and manage the census takers who work all over the country to conduct the census.
  • August 2019: The Census Bureau conducts the in-field address canvassing operation. Census takers visit areas that have added or lost housing in recent years to ensure that the Census Bureau's address list is up to date. The 2020 census will be the first modern census that doesn't verify every address in person, on the ground. Instead, satellite imagery, U.S. Postal Service and other current records will verify most addresses, and will highlight areas where census workers need to verify in-person.
  • January 21, 2020: The Census Bureau begins counting the population in remote Alaska, with Toksook Bay being the first town to be enumerated.[22][23]
  • April 1, 2020: Census Day is observed nationwide. By this date, households will receive an invitation to participate in the 2020 census. There are three options for responding: online, by mail, or by phone.
  • April 2020: Census takers begin following up with households around selected colleges and universities. Census takers also begin conducting quality check interviews (delayed).
  • May 2020: The Census Bureau begins following up with households that have not responded (NRFU [Nonresponse Followup] delayed to August 11-October 31). In August 2020, the 3-month NRFU enumeration period was compressed to two 1/2 months, ending October 15, 2020.[24]
  • September 23–24: People experiencing homelessness counted by officials who visited shelters, at soup kitchens and mobile food vans, and non-sheltered, outdoor locations such as tent encampments.[25]
  • October 15: Self-response data collection ends with over 99.9% of households had self-responded or been counted by census takers.[25]
  • October 16, 2020: The count ends.[26]
  • December 31, 2020: The Census Bureau delivers apportionment counts to the U.S. president.[25][27] (This has been delayed to April 30, 2021).[28]
  • April 1, 2021: The Census Bureau sends redistricting counts to the states. This information is used to redraw legislative districts based on population changes.[25] (This has been delayed to no earlier than July 30, 2021).[28]

Response rates

According to the Census Bureau, 60.0% of all U.S. households submitted their census questionnaire by May 22, 2020 – either online, by mail or by phone. Most U.S. households were mailed an invitation letter between March 12–20 to self-respond. They account for more than 95% of all U.S. households. Prior to the ongoing coronavirus pandemic, the remaining 5% of U.S. households (mostly in rural areas) were supposed to be visited by census takers in April/May, dropping off invitation letters to owners. This was delayed, but most census offices restarted work again in mid-May. By July 14, 2020, the response rate was 62.1% or 91,800,000 households.[29] The final self-response rate in 2010 was 66.5% and 67.4% in 2000.[30]

In an update published November 5, 2020, the Census Bureau stated that 99.98% of addresses had submitted their census, with only one state below 99.9% response rate. Paper responses postmarked on or before October 15 will be processed, as long as they arrive at the processing center by October 22.[31]

Marketing and partnerships
Buttons and stickers promoting the 2020 census in San Francisco

As in previous censuses, the 2020 census will rely on a network of trusted voices nationwide to help raise awareness, answer questions, and encourage community members to participate.[32] Hundreds of local “complete count committees” are dedicating resources to the efforts nationwide.[33][34]

VMLY&R (formerly Young & Rubicam) secured the Integrated Communications Contract for the 2020 census campaign in August 2016.[35] As the contract's primary agency of record, VMLY&R created an integrated team for this project, Team Y&R, which includes subcontractors specializing in minority outreach, digital media, earned media and more.

In March 2019, the campaign unveiled the 2020 census tagline: “Shape your future. START HERE.” The tagline was based on research that demonstrated which types of messages will reach and motivate all populations, including segments of the population that are historically hard to count.[36][37]

Census outreach flyers hang at Sure We Can – redemption center in Bushwick, Brooklyn – 2020

Jobs
The 2020 United States census hiring pamphlet
Equipment issued to, or used by, enumerators during non-response followup, including customized iPhone 8 and personal protective equipment

The Census Bureau was expected to hire about 500,000 temporary workers for the 2020 census, including census takers, address listers, office staff, partnership specialists and more.

Implementation problems

The printing company Cenveo won the $61 million contract in October 2017 to produce census forms and reminders, but went bankrupt less than four months later. The inspector general of the U.S. Government Publishing Office said the agency failed to check the company's financial status, and improperly allowed the company to lower its bid after other bids were unsealed.[38]

The coronavirus pandemic caused delays to census field operations and counts of the homeless and people living in group quarters. As of April 1, 2020, Census Day, the Census Bureau still planned to complete the count by the end of the year.[39]

COVID-19 pandemic emergency

On March 18, 2020, the U.S. Census Bureau issued a press release by Director Steven D. Dillingham announcing that 2020 census field operations would be suspended for two weeks until April 1, 2020 due to the COVID-19 pandemic.[40] On March 27, 2020, the agency announced it would temporarily suspend in-person interviews for its on-going surveys.[41] The agency claimed that staffing adjustments at its call centers due to implementing health guidance had "led to increases in call wait times, affecting different languages at different times."[42] According to its own documentation, the U.S. Census Bureau continued to pay 2020 census employees even though field operations were supposed to be suspended.[43]

On March 28, 2020, the U.S. Census Bureau issued another press release announcing 2020 census field operations would be suspended for an additional two weeks, through April 15, 2020.[44] Census Bureau officials communicated to the media that on March 27, 2020, they learned an employee had tested positive for COVID-19 at the agency's National Processing Center in Jeffersonville, Indiana,[45] which the agency kept open during the suspension, claiming they would "transition to the minimum number of on-site staff necessary to continue operations."[46] The agency announced on April 10, 2020, that it took steps to make "more employees available to respond to requests" at the call centers.[47]

In a joint statement on April 13, 2020, U.S. Department of Commerce secretary Wilbur Ross and U.S. Census Bureau director Steven Dillingham announced further operational adjustments to the 2020 census due to COVID-19 health and safety concerns.[48] In the statement, it was explained that "steps [were] being taken to reactivate field offices beginning June 1, 2020", "in-person activities, including all interaction with the public, enumeration, office work and processing activities, [would] incorporate the most current guidance to promote the health and safety of staff and the public" including "personal protective equipment (PPE) and social distancing practices."[48] This release stated "in order to ensure the completeness and accuracy of the 2020 census, the Census Bureau is seeking statutory relief from Congress of 120 additional calendar days to deliver final apportionment counts"[48] due to the COVID-19 emergency, and that "under this plan, the Census Bureau would extend the window for field data collection and self-response to October 31, 2020, which will allow for apportionment counts to be delivered to the president by April 30, 2021, and redistricting data to be delivered to the states no later than July 31, 2021."[48]

On April 15, 2020, U.S. Census Bureau director Steven Dillingham wrote to Department of Commerce inspector general Peggy E. Gustafson responding to a March 12, 2020, memo sent by the Office of the Inspector General requesting information about the Census Bureau's plans to respond to the COVID-19 emergency by March 20, 2020.[49] The inspector general's memo asked how the Bureau would address staff and enumerator safety. Dillingham's April 15 letter stated:

The Census Bureau is closely coordinating the acquisition of needed PPE materials for field and office staff through the Department of Commerce's Coronavirus Taskforce. Federal partners include the Department of Homeland Security and the Centers for Disease Control. We have generated and submitted estimates for equipment needs. On April 15, 2020, the Agency’s internal task force met and discussed our estimates for needed equipment, potential delivery dates, and budget implications. We continue to monitor the situation and make adjustments as necessary.

In order to ensure the completeness and accuracy of the 2020 census, the Census Bureau is seeking statutory relief from Congress of 120 additional calendar days to deliver final apportionment counts.

Under this plan, the Census Bureau would extend the window for field data collection and self-response to October 31, 2020, which will allow for apportionment counts to be delivered to the President by April 30, 2021, and redistricting data to be delivered to the states no later than July 31, 2021.

A revised timeline reflecting these changes can be found at this link: https://2020census.gov/en/news-events/operational-adjustments-covid-19.html.

The Task Force and my senior leadership team continue to monitor and study the situation and to recommend operational and other changes to me and to the Secretary."

On April 24, 2020, Dillingham and other Census Bureau officials briefed the House Committee on Oversight and Reform on the agency's response to the COVID-19 emergency.[50] This briefing came after many requests from the committee since March 12, 2020,[51] including a last minute cancellation on April 20, 2020.[52] In the briefing, Albert E. Fontenot Jr., the associate director for decennial census programs, explained that the bureau was planning a “phased start to many of our census operations” rather than beginning field operations nationwide on June 1, 2020, as previously announced and said operations would resume at different times in different areas of the country based on federal, state, and local public health guidance, as well as the availability of personal protective equipment, prioritizing reopening mail processing centers and census offices, and said the bureau would notify Congress as it begins to restart operations.[50] However, the National Processing Center and Area Census Offices had remained open.[46][53]

Starting on May 4, 2020, the U.S. Census Bureau began publishing dates as it claimed to begin a "phased restart of some 2020 census field operations in select geographic areas" and stated that they had "ordered personal protective equipment (PPE) for all field staff, including those that work in a field office. These materials will be secured and provided to staff prior to restarting operations."[54] Publicly published procurement data shows that an award was signed on April 28, 2020, for non-medical, reusable face masks for area census offices in a $5,001,393.60 contract awarded to Industries for the Blind and Visually Impaired, Inc.[55] Around that time, two contracts for hand sanitizer were awarded to Travis Association for the Blind, one signed on May 9, 2020, in a $57,390.00 contract[56] and the other signed on May 13, 2020, in a $557,251.20 contract,[57] with both contracts listing the place of principal performance as Jeffersonville, Indiana.[56][57] The agency decided that face shields were necessary to protect employees from COVID-19 exposure, but only provided them to personnel at the headquarters and national processing centers.[58] An OSHA complaint was made from Oklahoma City on May 1, 2020, complaining that employees were not able to practice social distancing and were not provided with adequate personal protective equipment such as gloves and masks,[59] showing the office was open prior to the Census Bureau's published office restart date of May 4, 2020.[54][60]

Additional "restart" dates starting May 18 were published on May 15, 2020 for other geographic areas in eleven states.[61] An OSHA complaint was recorded that same day from St. Louis, Missouri, on May 15, 2020, complaining that desks remained close together with no physical dividers between them, improper sanitation practices were being utilized, and no implementation of telework for high risk employees.[59] The published restart date for the St. Louis, Missouri, Area Census Office was May 11, 2020.[60]

On May 21, 2020, procurement information for two contracts was entered into the Federal Procurement Data System, one contract was for $1,502,928.00 awarded to Industries for the Blind and Visually Impaired, Inc. for hand sanitizer,[62] and a contract for $7,053,569.85 for 4 oz hand sanitizers awarded to NewView Oklahoma, Inc.[63] both with the place of principal performance listed as Jeffersonville, Indiana.

May 22, 2020, saw two additional contracts, one was a disinfectant wipes contract for $3,137,533.00 awarded to Industries for the Blind and Visually Impaired, Inc.[64] and the other was a contract for $2,107,000.00 awarded to NewView Oklahoma for blue nitrile gloves, both with a place of principal performance listed as Jeffersonville, Indiana.

On May 22, 2020, another press release published ten additional states with announced "restart" dates of May 25.[65] An OSHA complaint was made from Concord, California, on April 3, 2020, complaining that there were at least two confirmed cases of COVID-19 that went unrecorded on OSHA 300 logs and that employees worked in close quarters with no disinfection of shared equipment such as headsets, laptops, and tablets,[59] The published restart date for the Concord, California, Area Census Office was May 25, 2020.[65]

Offices were reopened in the areas of "American Samoa, the Commonwealth of the Northern Mariana Islands, Guam and the U.S. Virgin Islands in preparation for resuming operations for the 2020 Island Areas Censuses" on May 22, 2020.[66]

On May 29, 2020, a press release was published announcing "restart" of operations in seven additional states and the Washington, D.C., area starting from the week of June 1.[67] An OSHA complaint was made from Austin, Texas, on May 27, 2020, complaining that CDC guidelines were not being followed, employees were unable to practice social distancing, that employees experiencing flu-like symptoms and positive COVID-19 test results continued to report to work,[59] showing the office was open prior to the Census Bureau's published office restart date of June 1, 2020.[67]

In a June 5, 2020, press release, the U.S. Census Bureau announced additional area census offices would "restart" on June 8, stating that with "these additions, field activities have restarted in 247 of 248 area census offices stateside, all ACOs in Puerto Rico and the island areas, and 98.9% of the nation’s update leave workload will have resumed."[68] The June 5 press release was reissued on June 9, 2020, which included the addition of a June 11 "restart" at the Window Rock, Arizona, Area Census Office.[69] Days later, the Navajo Nation began reinstating lockdown restrictions and curfews due to a surge in new cases.[70][71]

A June 12, 2020, press release shared that the update leave (UL) operation had resumed, as well as fingerprinting of selected applicants.[72] The agency announced that the update enumerate (UE) operation would restart on June 14 "in remote parts of northern Maine and southeast Alaska" where employees update the Census Bureau's address list and interview households for the 2020 census, claiming that "all census takers have been trained on social distancing protocols, and will be issued personal protective equipment (PPE) and will follow local guidelines for their use."[72] The June 12 press release also shared that the communications campaign had been adapted due to the pandemic and would continue through October 2020, "the end of 2020 census data collection operations", with additional paid media planned for July, August and September,[72] though a July 15, 2020, list of media vendors only showed plans through the end of July.[73]

On August 3, 2020, the Census Bureau announced that field collection would end on September 30, rather than October 31 as planned in April.[74][75] In a leaked internal document, Census Bureau career officials determined that starting Nonresponse Followup Operations in this Replan would put the health and safety of employees at risk, stating, "These ACOs will have to deploy staff regardless of the COVID-19 risk in those areas to open on these dates."[76] On September 8, 2020, Mark H. Zabarsky, Principal Assistant Inspector General for Audit and Evaluation published an alert on behalf of the Department of Commerce Office of Inspector General, 2020 Census Alert: The Census Bureau Faces Challenges in Ensuring Employee Health Safety During 2020 Census Field Operations, which stated that the number of COVID-19 related safety issues raised by hotline complaints tripled between July 1 and August 21.[77]

Population estimates
State or territory
July 1, 2020 estimated population[78]
2010 to 2020 absolute change
2010 to 2020 percent change
2020 percentage of US population
 Alabama 4,779,736 4,921,532 +141,796 +2.97% 1.49%
 Alaska 710,231 731,158 +20,927 +2.95% 0.22%
 Arizona 6,392,017 7,421,401 +1,029,384 +16.10% 2.25%
 Arkansas 2,915,918 3,030,522 +114,604 +3.93% 0.92%
 California 37,253,956 39,368,078 +2,114,122 +5.67% 11.95%
 Colorado 5,029,196 5,807,719 +778,523 +15.48% 1.76%
 Connecticut 3,574,097 3,557,006 -17,091 -0.48% 1.08%
 Delaware 897,934 986,809 +88,875 +9.90% 0.30%
 District of Columbia 601,723 712,816 +111,093 +18.46% 0.22%
 Florida 18,801,310 21,733,312 +2,932,002 +15.59% 6.60%
 Georgia 9,687,653 10,710,017 +1,022,364 +10.55% 3.25%
 Hawaii 1,360,301 1,407,006 +46,705 +3.43% 0.43%
 Idaho 1,567,582 1,826,913 +259,331 +16.54% 0.55%
 Illinois 12,830,632 12,587,530 -243,102 -1.89% 3.82%
 Indiana 6,483,802 6,754,953 +271,151 +4.18% 2.05%
 Iowa 3,046,355 3,163,561 +117,206 +3.85% 0.96%
 Kansas 2,853,118 2,913,805 +60,687 +2.13% 0.88%
 Kentucky 4,339,367 4,477,251 +137,884 +3.18% 1.36%
 Louisiana 4,533,372 4,645,318 +111,946 +2.47% 1.41%
 Maine 1,328,361 1,350,141 +21,780 +1.64% 0.41%
 Maryland 5,773,552 6,055,802 +282,250 +4.89% 1.84%
 Massachusetts 6,547,629 6,893,574 +345,945 +5.28% 2.09%
 Michigan 9,883,640 9,966,555 +82,915 +0.84% 3.02%
 Minnesota 5,303,925 5,657,342 +353,417 +6.66% 1.72%
 Mississippi 2,967,297 2,966,786 -511 -0.02% 0.90%
 Missouri 5,988,927 6,151,548 +162,621 +2.72% 1.87%
 Montana 989,415 1,080,577 +91,162 +9.21% 0.33%
 Nebraska 1,826,341 1,937,552 +111,211 +6.09% 0.59%
 Nevada 2,700,551 3,138,259 +437,708 +16.21% 0.95%
 New Hampshire 1,316,470 1,366,275 +49,805 +3.78%
 New Jersey 8,791,894 8,882,371 +90,477 +1.03%
 New Mexico 2,059,179 2,106,319 +47,140 +2.29%
 New York 19,378,102 19,336,776 -41,326 -0.21%
 North Carolina 9,535,483 10,600,823 +1,065,340 +11.17%
 North Dakota 672,591 765,309 +92,718 +13.79%
 Ohio 11,536,504 11,693,217 +156,713 +1.36%
 Oklahoma 3,751,351 3,980,783 +229,432 +6.12%
 Oregon 3,831,074 4,241,507 +410,433 +10.71%
 Pennsylvania 12,702,379 12,783,254 +80,875 +0.64%
 Rhode Island 1,052,567 1,057,125 +4,558 +0.43%
 South Carolina 4,625,364 5,218,040 +592,676 +12.81%
 South Dakota 814,180 892,717 +78,537 +9.65%
 Tennessee 6,346,105 6,886,834 +540,729 +8.52%
 Texas 25,145,561 29,360,759 +4,215,198 +16.76% 8.91%
 Utah 2,763,885 3,249,879 +485,994 +17.58%
 Vermont 625,741 623,347 -2,394 -0.38%
 Virginia 8,001,024 8,590,563 +589,539 +7.37%
 Washington 6,724,540 7,693,612 +969,072 +14.41%
 West Virginia 1,852,994 1,784,787 -68,207 -3.68%
 Wisconsin 5,686,986 5,832,655 +145,669 +2.56%
 Wyoming 563,626 582,328 +18,702 +3.32%
 United States 308,745,538 329,484,123 +20,738,585 +6.72% 100.00%

Citizenship question debate

The U.S. decennial census is used to determine federal funds, grants and support to states. The Census Bureau had included a citizenship question until 1950 when it was removed, though it continued to include a question asking about place of birth.[79] In a January 2018 memo, an initial evaluation by Census Bureau officials advised against such a question, saying that compiling citizenship data from existing administrative records is more accurate and far less expensive. However, Wilbur Ross, secretary of the United States Department of Commerce which oversees the Census Bureau, decided the administrative approach alone would not be sufficient.[80] The Census Bureau announced in March 2018 its plan to add a question related to citizenship for the 2020 census: "Is this person a citizen of the United States?".[81][82][83] For the 2020 census, Ross stated to Congress that the citizenship numbers were necessary to enforce the Voting Rights Act's protection against voting discrimination.[82] Ross was accused by Democrats in Congress of lying that the citizenship question was requested by the Justice Department and approved by him.[84][85]

Upon the bureau's announcement, several state and city officials criticized the decision, reiterating the concern about discouraging participation from immigrants, resulting in undercounting, and questioning the motives of Secretary Ross in adding the question. Three simultaneous separate federal lawsuits came out of this discovery, occurring at the district courts of New York, Maryland, and California.[86] During the controversy over the census question, the Census Bureau ran a test census in June 2019 on about 480,000 households to determine what effects adding the census question would have on participation, and to prepare the bureau, its staffing, and its counting measurements, to handle the potential lack of responses due to the citizenship question.[87]

During these trials, documents released in May 2019 showed that the late Thomas B. Hofeller, an architect of Republican gerrymandering, had found that adding the census question could help to gerrymander maps that "would be advantageous to Republicans and non-Hispanic whites".[88] Hofeller later wrote the DOJ letter which justified the policy by claiming it was needed to enforce the 1965 Voting Rights Act.[88] Following this discovery, the United States House Committee on Oversight and Reform issued subpoenas for the Department of Justice to provide materials related to the census question and to question both Commerce secretary Wilbur Ross and United States attorney general William Barr, seeking action to judge if they are in contempt. The Trump administration on June 12, 2019, asserted executive privilege over portions of the requested documents.[89] As a result, the House committee subsequently voted along party lines to hold both Ross and Barr in contempt that day.[90] The full House voted to hold Ross and Barr in contempt on July 17, 2019, in a 230–198 vote along party lines. Despite this passage, the measure will likely not have any effect on Ross and Barr unless the Justice Department takes legal actions against Ross or Barr.[91]

New York District Court and subsequent Supreme Court case
See also: Department of Commerce v. New York

A lawsuit, led by New York state's attorney general Barbara Underwood and joined by seventeen other states, fifteen cities and other civil rights groups, was filed in the United States District Court for the Southern District of New York. During the discovery phase of the trial, new information came to light that Ross had had previous discussions with Steve Bannon before March 2018 with the intent to add the citizenship question, contradicting statements that he had made to Congress in March. This led district judge Jesse M. Furman in September 2018 to ask that Ross clear a day in his schedule to give a deposition to the court related to the addition of the census question prior to the planned start of the trial in November.[92]

The Trump administration filed a writ of mandamus to the United States Supreme Court, requesting that they postpone the trial, and also to defer any involvement with Ross until the start of the trial. The Supreme Court issued an order that allowed the trial United States Census Bureau v. State of New York to go forward, but agreed to postpone Ross's deposition until after the start of the trial.[93] The Supreme Court also agreed to treat the writ of mandamus as a writ of petition, and granted certiorari to review the question raised by the government of whether a district court can request deposition of a high-ranking executive branch official on a matter related to a trial before evidence has been presented.[94]

Judge Furman ruled in January 2019 that the addition of the citizenship question to the census was unlawful, stating that "the decision to add a citizenship question to the 2020 census—even if it did not violate the Constitution itself—was unlawful for a multitude of independent reasons and must be set aside."[95] The Justice department filed a petition for writ of certiorari before judgment to have the case directly heard by the Supreme Court and bypass the normal appeal that would have been heard by the Second Circuit, given the pending deadline of June 2019 to publish the census forms. The Supreme Court accepted the petition related to Furman's ruling on February 15, 2019, a separate matter from the question of Ross's deposition, and the case's oral arguments were heard on April 23, 2019.[96][97]

The Supreme Court issued its decision on June 27, 2019, rejecting the Trump administration's stated rationale for including the question.[98] While the Court majority agreed that the question was allowable under the Enumeration Act, they also agreed with the ability of the District Court to ask Commerce for further explanation for the question under the Administrative Procedures Act (APA), and that they agreed with the District Court that the answers Commerce had provided at the time appeared to be "contrived" and pretextual, leaving open the possibility that Commerce could offer a better rationale.[99] The case was remanded back to the District Court, to give Commerce the opportunity to provide better explanation for the rationale of the question to the District Court, who would deem if that was sufficient before allowing the question on the census. The question would be allowed on the census only if these steps can be completed before the self-imposed form printing deadline.[100] On July 7, the DOJ announced that it was replacing its entire legal team dealing with that question, but on July 9, Furman rejected the DOJ action, saying that reasons must be given for the withdrawal of each attorney and pointing out that the administration had been insisting for months that the question needed to be settled by July 1.[101]

The American Civil Liberties Union (ACLU) has taken steps to introduce the Hofeller evidence into the New York case but it will not be heard until late 2019, after the census forms are to be published.[102]

California District Court case

The second suit over the census question came in the United States District Court for the Northern District of California under Judge Richard Seeborg, raised by the state of California and several cities within it. In March 2019, Seeborg similarly found as Furman had in New York that the addition of the census question was unconstitutional and issued an injunction to block its use.[86][103] The government appealed to the Ninth Circuit before the Supreme Court remanded the case.[104][105]

Maryland District Court case

A similar question related to the intent of the question was raised by several immigrants-rights groups in the United States District Court for the District of Maryland. The case was overseen by Judge George J. Hazel in the District of Maryland. Hazel had found for the pro-immigration groups in April 2019, ruling that the addition of an immigration question to the Census was unconstitutional.[86] The government issued its appeal to the Fourth Circuit Court of Appeals.

The new Hofeller evidence was presented to Hazel as the case was being heard on appeal during June 2019 at the Fourth Circuit. Hazel stated that the new evidence "raises a substantial issue".[106] On June 25, 2019, the Fourth Circuit remanded the case back to Hazel's District Court with the newly provided evidence, and to review if the additional evidence showed discriminatory intent. Should Hazel find such intent, it would be possible for him to place an injunction on the addition of the census question during a new discovery phase, regardless of the Supreme Court decision in Department of Commerce v. New York. This action would effectively render the question moot since the Census forms would need to be published at this point without the citizenship question to meet the mailing deadlines.[102]

Subsequent actions

President Trump, after the Supreme Court decision in Department of Commerce was announced, stated his intent to find a way to delay the census as long as possible so that the judicial matter could be resolved.[107] On July 2, 2019, the Department of Justice (DOJ) announced that the citizenship question would not be included in the census, and the Commerce Department began printing census forms without a citizenship question.[108] However, the next day, Trump insisted that his administration was "absolutely moving forward" with the citizenship question, and the Justice Department confirmed in court that it had been instructed to find a legal way to include it in the census.[109][110]

In response to an order from Judge Hazel, the Justice Department affirmed on July 5, 2019 that it will be seeking a route to add the citizenship question to the census, though at the time did not know which route it would take. Hazel had ordered this response as, if the department was intending to add the question, he could begin determining a schedule in coordination with Judge Furman in the New York court for further proceedings and discovery in both the New York and Maryland lawsuits.[110][111] On July 7, the DOJ announced its intention to replace its entire legal team on the case,[112] but Furman allowed the DOJ to dismiss only two of its eleven attorneys, writing in the July 9 rejection that the DOJ had "provide[d] no reasons, let alone 'satisfactory reasons,' for the substitution of counsel".[105][113] Furman pointed out that the case had already run past the DOJ's own previously requested deadline of July 1 and that replacing counsel would cause further delays.[114][105]

Separate from the events in the courts, Trump has stated he also considered using an executive order to place the citizenship question on the census.[115] However, on July 11 he issued Executive Order 13880 directing the Department of Commerce to obtain citizenship data from other federal agencies rather than via the census.[116] He added that "we are not backing down in our effort to determine the citizenship status of the United States population" and that data from other federal agencies would be "far more accurate" than a census question.[117] A spokesperson for the Department of Justice said that although the DOJ had agreed with Ross's plan to include the question, "Today’s executive order represents an alternative path to collecting the best citizenship data now available, which is vital for informed policymaking and numerous other reasons. Accordingly, the department will promptly inform the courts that the government will not include a citizenship question on the 2020 decennial census.”[117] Besides federal agencies, the Department of Commerce is obtaining citizenship data from state records.[118]

Joe Biden, on his first day of his presidency on January 20, 2021, issued an executive order that revoked both Trump's July 11, 2020 executive order and Trump's July 21, 2020 memo to the Census Bureau, as to have the Census follow the standard practice of including the counts of undocumented immigrants within the final numbers.[119][120] Other actions ordered by the Trump administration on the census, including a directive for the Census Bureau to use government records to produce block-level citizenship data, a March 2018 order by Ross for the Bureau to start compiling government records on citizenship, and a July 2019 regulatory filing regarding producing citizen voting age population data "that states may use in redistricting" have yet to be addressed.[121]

Apportionment challenges

Alabama lawsuit

While the census question was in litigation, the state of Alabama and its congressional representative Mo Brooks filed a lawsuit against the Department of Commerce and the Census Bureau in May 2018 in the United States District Court for the Northern District of Alabama, asserting that the framers of the Constitution never intended for illegal immigrants to be included in the census court or apportionment base. The state believed that it would lose a congressional seat to other states that have had increased numbers of immigrants in the last decade.[122] The Mexican American Legal Defense and Educational Fund sought to intervene on behalf of Latino voters, as well as the city of San Jose, California, and Santa Clara County, California, and King County, Washington, arguing that eliminating of illegal immigrants would affect federal funding for their cities and counties. The motion was granted by the end of 2018.[122]

As the census question case continued, the Census Bureau spoke of other means to obtain immigration data, and Barr, referencing the Alabama suit, said that "For example, there is a current dispute over whether illegal aliens can be included for apportionment purposes. Depending on the resolution of that dispute, this data may be relevant to those considerations. We will be studying this issue."[123] Spurred by Barr's comments that the government would not defend itself in the case, a coalition of fifteen states and other groups also moved to intervene, which was granted by September 2019.[124]

July 2020 memo
Main article: Trump v. New York

On July 21, 2020, President Trump signed a memo to the Department of Commerce, "Memorandum on Excluding Illegal Aliens from the Apportionment Base Following the 2020 Census" with instructions not to include illegal immigrants in the census totals for purposes of apportionment. The memo stated that the Constitution does not define which "persons" must be included in the apportionment base, and past censuses have excluded some legal immigrants in the country temporarily, justifying the change.[125] Law and census experts stated that this was an invalid interpretation as past case law has supported inclusion of "whole persons" including illegal immigrants, and the ACLU stated immediately they plan to file a lawsuit against the administration over the memo.[126] Common Cause, the city of Atlanta, and other groups and individuals filed the first suit seeking an injunction to prevent the government from executing on the memo a week after it was signed in the United States District Court for the District of Columbia.[127]

On September 10, 2020, a three-judge panel of the Federal District Court in Manhattan unanimously rejected the order, ruling that it was so obviously illegal that a lawsuit challenging it was unnecessary.[128] Eight days later, the Trump administration filed notice that it would appeal the decision directly to the Supreme Court, bypassing the circuit court appeals process.[129] The Supreme Court accepted the petition on October 16, 2020 and scheduled expedited oral arguments in the case on November 30, 2020.[130] The Court ruled in a per curiam decision on December 18, 2020 that the case was premature due to lack of standing and ripeness, but did not rule on any of the constitutional challenges at the time. The decision vacated the District Court's ruling and remanded the case to the District Court to be dismissed.[131]

Early completion of count

The Trump administration sought to complete the census count earlier than originally scheduled. In September 2020, federal district court judge Lucy Koh issued a preliminary injunction against the plan to end counting on September 30 rather than the scheduled October 31, saying the Commerce Department "never articulated a satisfactory explanation." She also blocked a plan to deliver the count results to the White House by December 31, rather than the original April 2021 delivery date when Trump might be out of office.[132] On the next business day, Commerce Secretary Wilbur Ross announced the count would end October 5, as the administration appealed Koh's decision to the 9th circuit. Koh ordered the government to produce documents to show the Commerce Department's reasoning.[133] The appeals court upheld Koh's ruling,[134] and the Census Bureau announced on October 2 that the count would continue until October 31.[135] Also on October 2, Koh threatened to hold Ross in contempt for repeated violations of her order.[136]

The 9th circuit decision was appealed to the Supreme Court. On October 13, in a 7-1 ruling, the court issued an unsigned order that granted the Trump administration request to end the count early until the Ninth Circuit Court appeals process played out.[137] Justice Sonia Sotomayor was the lone dissenter, saying that "meeting the deadline at the expense of the accuracy of the census is not a cost worth paying, especially when the Government has failed to show why it could not bear the lesser cost of expending more resources to meet the deadline or continuing its prior efforts to seek an extension from Congress." The count ultimately ended at 5:59 A.M. Eastern Time on October 16, 2020.[26]

Biden changes

As one of his first acts in office, President Joe Biden signed Executive Order 13986 on January 20, 2021, to discontinue citizenship tabulations at the city-block level using 2020 census data with administrative records. Undocumented non-citizens will no longer be excluded from the numbers used for apportioning congressional seats among the states.[138]

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Further reading
  • Hillygus, D. Sunshine; Lopez, Jesse (2020). "Easy as 1, 2, 3? Challenges of the 2020 Census and Implications for Political Science". Journal of Political Institutions and Political Economy. 1 (2): 289–317. doi:10.1561/113.00000007.
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