My Two Census

Formerly the non-partisan watchdog of the 2010 US Census, and currently an opinion blog that covers all things political, media, foreign policy, globalization, and culture…but sometimes returning to its census/demographics roots.

Posts Tagged ‘illegal’

Louisiana vs. The Census Bureau, Department of Commerce, and Obama Administration

Tuesday, January 17th, 2012

On November 14, 2011, Louisiana Attorney General Buddy Caldwell ”filed suit in the U.S. Supreme Court seeking to recover the congressional seat taken from Louisiana as a result of the 2010 Census. To properly apportion seats in the U.S. House of Representatives, the Constitution requires that a census be taken every 10 years to count the number of lawful residents in each state. In the 2010 Census, the Census Bureau included illegal foreign nationals, along with holders of guest-worker visas and student visas, in the count of lawful residents of each state. As a result of the Census Bureau’s practice, states with large numbers of illegal foreign nationals gained congressional seats, while states with low numbers of illegal foreign nationals, like Louisiana, lost congressional seats.”

This sentiment was augmented by conservative watchdog group Judicial Watch which took further action today:

Judicial Watch, the organization that investigates and fights government corruption, announced today that it filed an amicus curiae brief with the U.S. Supreme Court on behalf of the State of Louisiana challenging a current federal policy in which “unlawfully present aliens” were counted in the 2010 Census (Louisiana v. Bryson).

The government used these census numbers to reapportion seats in the House of Representatives and, as a result, the State of Louisiana lost a House seat to which it was entitled.  Louisiana is asking that the Supreme Court order the federal government to recalculate the 2010 apportionment of House seats based upon legal residents as the U.S. Constitution requires.

Judicial Watch’s brief was filed on January 13, 2012, in partnership with the Allied Educational Foundation (AEF) in a lawsuit filed by the State of Louisiana against John Bryson, U.S. Secretary of Commerce; Robert Groves, Director of the U.S. Census Bureau; and Karen Lehman Hass, Clerk of the U.S. House of Representatives.  According to the brief:

Amici are concerned about the failure to enforce the nation’s immigration laws and the corrosive effect of this failure on our institutions and the rule of law.  Among the problems caused by this failure is a redistribution of seats in the U.S. House of Representatives to States with large populations of unlawfully present aliens.

Amici respectfully submit that neither Article I Section 2 of the U.S. Constitution, the Fourteenth Amendment, or any other provision of the Constitution authorize or permit the inclusion of unlawfully present aliens in the apportionment process.  As a result, this case raises issues critical not just to Louisiana, but to every State, every American citizen, and our federal system of government.

Judicial Watch argues that due to this Census Bureau policy at least five states will lose House seats to which they are entitled.  For example, based upon the Census Bureau’s calculation, Louisiana is being allocated only six House seats, as opposed to the seven that it would have been apportioned, were it not for the inclusion of illegal aliens and “non-immigrant foreign nationals,” encompassing holders of student visas and guest workers.  The brief also notes that the “apportionment, in turn, determines the apportionment of electors in the Electoral College for the next three presidential elections.”

Why is Dwight Dean still on the 2010 Census payroll?

Monday, August 16th, 2010

A quick search of the Commerce Department web site reveals that Dwight Dean is still employed by the Census Bureau even though he has long been removed from duty as the director of the Detroit region. Numerous tips have come in to the MyTwoCensus inbox with allegations that Mr. Dean engaged in substantial amounts of illegal activities while he was on the job.

From the directory:

Dean, Dwight P CENSUS Dwight.P.Dean@census.gov +1 313 259 1158

Note: I have tried to get through to Mr. Dean numerous times by telephone but I suspect that part of the reason that I was unable to get through is that Mr. Dean permitted his secretary’s husband to be hired as a supervisor for the 2010 Census (can you say NEPOTISM and CRONYISM) after other hardworking individuals were wrongfully fired by Mr. Dean.  Getting past a crony gatekeeper isn’t easy…

MyTwoCensus has successfully removed other corrupt officials from office like Joseph Aramanda in Chicago and Rafael Dominguez in New York, and we will get to the bottom of this issue as well.

Daily Sound Off: Census software violates federal law

Friday, June 11th, 2010

This Daily Sound Off comes from Bob in Elgin, Illinois:

Until Tuesday I was the AMT (Asst. Manager for Technology) for the Elgin IL census office.

Around April 1st, a change was made to DAPPS (Decennial Applicant, Personnel, and Payroll System) so that it required us to ask employees for the last 4 digits of their Social Security Number to reset their passwords. This is a direct violation of the Federal Privacy Act of 1974, and placed me personally at risk of fines and jail every time I illegally requested this information of another employee. I immediately notified IT management of this issue, and opened a trouble ticket.

Despite my complaints, this issue was never fixed. A proper disclosure could have been added to the screen to be read to the employee. Or something other than SSN could have been used to verify identity. The system even asked new users 3 security questions (hobby,favorite color, pets name) when they first logged in, but these are NEVER used anywhere. Or we could have continued to reset passwords with no further authentication, since these users were all in the office and personally known. This was not a situation where passwords were being reset from remote requests over the phone or internet where verification of identity is an issue.

On May 4th, I was ordered by my area manager, Richard Earley (Chicago RCC) to do this in violation of the law, and threatened with termination if I refused to comply. I responded that he did not have the authority to order me to violate federal law.

On May 6th, Richard Earley stopped in our Elgin office, again ordered me to violate this law, and wrote me up twice on D-282 disciplinary forms. He indicated that he would provide me with copies of those forms, and indicate exactly what rules I had violated in refusing to violate the law, but never did either of these.

In late May a new NRFU Shipping application was rolled out to replace the severely performance limited PBOCS system. The new ship app was based on DAPPS, and had the same illegal SSN request to reset passwords. I immediately logged another trouble ticket to alert management of this issue.

Tuesday afternoon, June 8th Richard Earley again came to our office with a letter written by his staff ordering my termination, that he forced our local office manager to sign under threat of termination. Richard was the only one that spoke to me, terminating me on the spot, and walking me out the door. Although a D283 is required for termination, I never saw a copy of that form.

In addition, our Chicago RCC has issued an edict that we can’t terminate anyone for performance issues, we have to demote them to a lower position. This has been done to other employees in my office, but was not done in my case.

According to the rules on this web site

http://www.osc.gov/pppwhatare.htm

Both my discipline and termination are illegal actions.

I have contacted several federal regulatory agencies, including EEO, OMB, OIG, and OSC and filed complaints as soon as I was disciplined.

In addition the census bureau owes a $1000 penalty to every employee that has been asked for an SSN to have their password reset (probably 5-10K people at a cost of $5-10M), according to the Privacy Act. And those responsible for this illegal system should be fined $5000 per the same law.

I would be more than happy to provide additional information on this issue, and would really appreciate it if you would publicize the census violations of the law.

The computer systems have so many bugs and performance issues, that I question that this census will produce a true and accurate count of our population.

Our RCC manages by intimidation and harassment. They have gone out of their way to create a hostile work environment for all involved in this operation. I don’t know if this is a local issue (IL, WI, IN) or national. In my 35 years of work history, I have NEVER seen so many illegal actions in a place of work as this one experience of working for my own government. I find it disgusting.

Kevin Drum responds to LA Times op-ed

Monday, May 31st, 2010

My former Mother Jones colleague, Kevin Drum, has written a response to the recent LA Times opinion piece that suggested illegal immigrants shouldn’t be counted in the 2010 Census since they can’t vote.

Shocking story from Wisconsin: Census worker accuses police of profiling and harassing him while doing his job

Wednesday, May 5th, 2010

H/t to Stephanie Jones and The Journal Times for the following scoop. I really could not believe my eyes when I read this story:

RACINE – A U.S. Census Bureau worker has accused Racine police of harassing him while he was working last week and said he has filed a complaint.

Alexander Avila, 21, of Racine, was out last Friday knocking on doors for the census when police in an undercover car stopped him to ask what he was doing, he said. They then started harassing him about his brother who has warrants out for his arrest, he said. They ended up giving him three tickets for traffic violations, which he said were not justified.

I felt scared, intimidated, threatened and racially profiled,” said the written complaint that Avila said he filed Monday with the police department.

Racine Police Chief Kurt Wahlen said his department will be fully investigating the complaint.

But Wahlen said, “We have a right to ask about his brother.”

His brother, Steve Avila II, has nine warrants out for his arrest for traffic violations, Wahlen said.

Avila said once he told police he didn’t know anything about his brother they should have let him continue with his job.

I was treated unfairly,” he said to The Journal Times Monday.

Representatives from the U.S. Census Bureau confirmed Alexander Avila works for the Census and Muriel Jackson, spokeswoman for the bureau, said “we will look into this.”

Avila’s grandmother, Maria Morales, coordinator for Voces de la Frontera in Racine, reported the incident to the Journal Times and Avila confirmed it. Both are U.S. citizens, they said.

Voces de la Frontera is a Wisconsin nonprofit that works to help low-wage and immigrant workers.

Morales has been involved with events to address racial profiling and police harassment and she couldn’t believe now it happened to her grandson.

Police stopped Avila when he started on his route on the 1100 block of Erie Street, he said.

When police stopped him they asked him what he was doing and he told them he was working going door to door trying to collect information for the 2010 Census and showed them his identification, he said. They then questioned the validity of his identification and then when they saw his name they started asking about his brother. He told them he did not know where his brother is and does not talk to him. But one of the officers accused him of lying , Avila said . Then the officer told him that he had seen him driving and said he failed to signal when he turned at State Street, Avila added. They also told him he was driving suspiciously, Avila said in his complaint. He told officers he has a binder full of addresses for people he has to contact and he said he was having trouble finding some of the addresses.

Then police accused him of reading the binder while he was driving, but he said he was not reading while he was driving.

I knew the address and street numbers but … I just had a difficult time finding them,” he said in the complaint.

He ended up receiving three tickets for failure to signal, inattentive driving and obstruction of vision because he had two small necklaces hanging from his rearview mirror, he said.

He said he filed the complaint because he was treated unfairly and didn’t want it to go unreported.

I just want them to know they cannot go around and harass someone for no reason,” Avila said. “I don’t want to be afraid.”

RNC Fundraising Mailer…Looks shady to me.

Wednesday, April 28th, 2010

Take a look at it HERE

Come on Michael Steele and the Republican National Committee, get with it!

Justice Department Says: Patriot Act Does Not Override Privacy of Census Information

Friday, March 19th, 2010

The following is a story from Feet In 2 Worlds, an pro-immigration reform organization:

By Diego Graglia

In a new attempt to reassure undocumented immigrants that taking part in the 2010 Census is safe and that the Census Bureau will not share information with other government agencies, U.S. Rep. Nydia Velázquez (D.-N.Y.) obtained a letter from the Department of Justice stating that the confidentiality of the count is not superseded by the Patriot Act.

Velázquez sent two letters to the agency in September and December last year, asking what effect the anti-terrorism bill could have on the confidentiality protections the Census Act provides.

“Your letters express concern on the part of some members of the public that information-gathering or information-sharing provisions of the Patriot Act may override the confidentiality requirements of the Census Act so as to require the Commerce Secretary to disclose otherwise covered census information to federal law enforcement or national security officials,” wrote assistant attorney general Ronald Weich in a response dated March 3, 2010.

Weich then went on to say that the precedents in federal legislation which protect census participants’ information from disclosure support “the view that if Congress intended to override these protections if would say so clearly and explicitly.”

No provision of the Patriot Act, he added, contradicts that view.

At the same time, a different letter, this one part of a signature-gathering campaign, showed that efforts to distance the Census campaign from the stronger enforcement of immigration laws of the last few years have not been 100% successful.

The National Network for Immigrant and Refugee Rights wants support for its request of a “suspension of immigration enforcement activities in order to maximize immigrant community participation” in the Census.

Immigrant advocates have expressed concerns that undocumented foreigners won’t participate in the Census out of fear of government officials.

NNIRR notes in the letter that “in the past two census periods, during 1990 and 2000, many operations were suspended for specific periods,” but it also acknowledges that the Obama administration and the Department of Homeland Security “have thus far not indicated that they will take any steps.”

The Feet in Two Worlds project on the Census is made possible thanks to the generous support of the 2010 Census Outreach Initiative Fund at The New York Community Trust.

Government Will Not End Raids Prior To 2010 Census

Tuesday, October 6th, 2009

Check out the following little discussed story from the Associated Press that shows the Obama Administration taking an immigrant unfriendly position:

WASHINGTON (AP) — With the 2010 census six months away, the Commerce Department said Thursday it won’t seek a halt to immigrationraids as it did in the previous census in hopes of improving participation in hard-to-count communities.

In a statement, the department said it is committed to an accurate count of U.S. residents, including both legal and illegal immigrants. Spokesman Nick Kimball said officials will not ask the Homeland Security Department to stop large-scale immigration raids during the high stakes count that begins April 1.

That position is a departure from the one taken in the 2000 census, when immigration officials at the request of the Census Bureau informally agreed not to conduct raids. The bureau two years ago asked DHS to hold off again in 2010, but that was rejected by the Bush administration, which said it would continue to enforce federal laws.

On Thursday, the Commerce Department echoed that position and said it would not be revisiting the matter.

”Our job is to count every resident once, and in the right place, and that’s what we do,” Kimball said. ”All the information the Census Bureau collects is protected by law and will not be shared with any other agency. Neither the Commerce Department nor the Census Bureau will ask DHS to refrain from exercising their lawful authority.”

It remained unclear what Commerce’s stance might have on the likelihood of immigration raids next year. In recent months, the government has said it was seeking to shift enforcement efforts more toward criminal prosecution of employers who knowingly hire illegal immigrants as well as cases in which an illegal immigrant may pose a safety threat to the community.

The Commerce statement comes as the Census Bureau enters the final stretch of preparations for the decennial count, which is used to apportion House seats and distribute nearly $450 billion in federal aid. With an effort to overhaul U.S. immigration laws expected to take place sometime next year, Census Director Robert Groves has said he’s particularly worried that tensions over immigration will deter people from participating in the count.

Our Unconstitutional Census

Monday, August 10th, 2009

Here is an excerpt from a very interesting op-ed that was published in today’s Wall Street Journal (For the entire article, CLICK HERE):

California could get nine House seats it doesn’t deserve because illegal aliens will be counted in 2010.

By JOHN S. BAKER AND ELLIOTT STONECIPHER

Mr. Baker teaches constitutional law at Louisiana State University. Mr. Stonecipher is a Louisiana pollster and demographic analyst.

Next year’s census will determine the apportionment of House members and Electoral College votes for each state. To accomplish these vital constitutional purposes, the enumeration should count only citizens and persons who are legal, permanent residents. But it won’t.

Instead, the U.S. Census Bureau is set to count all persons physically present in the country—including large numbers who are here illegally. The result will unconstitutionally increase the number of representatives in some states and deprive some other states of their rightful political representation. Citizens of “loser” states should be outraged. Yet few are even aware of what’s going on.

In 1790, the first Census Act provided that the enumeration of that year would count “inhabitants” and “distinguish” various subgroups by age, sex, status as free persons, etc. Inhabitant was a term with a well-defined meaning that encompassed, as the Oxford English Dictionary expressed it, one who “is a bona fide member of a State, subject to all the requisitions of its laws, and entitled to all the privileges which they confer.”

Thus early census questionnaires generally asked a question that got at the issue of citizenship or permanent resident status, e.g., “what state or foreign country were you born in?” or whether an individual who said he was foreign-born was naturalized. Over the years, however, Congress and the Census Bureau have added inquiries that have little or nothing to do with census’s constitutional purpose.

By 1980 there were two census forms. The shorter form went to every person physically present in the country and was used to establish congressional apportionment. It had no question pertaining to an individual’s citizenship or legal status as a resident. The longer form gathered various kinds of socioeconomic information including citizenship status, but it went only to a sample of U.S. households. That pattern was repeated for the 1990 and 2000 censuses.

The 2010 census will use only the short form. The long form has been replaced by the Census Bureau’s ongoing American Community Survey. Dr. Elizabeth Grieco, chief of the Census Bureau’s Immigration Statistics Staff, told us in a recent interview that the 2010 census short form does not ask about citizenship because “Congress has not asked us to do that.”

Because the census (since at least 1980) has not distinguished citizens and permanent, legal residents from individuals here illegally, the basis for apportionment of House seats has been skewed. According to the Census Bureau’s latest American Community Survey data (2007), states with a significant net gain in population by inclusion of noncitizens include Arizona, California, Florida, Illinois, Nevada, New Jersey, New York and Texas. (There are tiny net gains for Hawaii and Massachusetts.)

This makes a real difference. Here’s why:

According to the latest American Community Survey, California has 5,622,422 noncitizens in its population of 36,264,467. Based on our round-number projection of a decade-end population in that state of 37,000,000 (including 5,750,000 noncitizens), California would have 57 members in the newly reapportioned U.S. House of Representatives.

However, with noncitizens not included for purposes of reapportionment, California would have 48 House seats (based on an estimated 308 million total population in 2010 with 283 million citizens, or 650,000 citizens per House seat). Using a similar projection, Texas would have 38 House members with noncitizens included. With only citizens counted, it would be entitled to 34 members.

Politico: Acorn vs. the GOP

Saturday, May 9th, 2009

We’ve interrupted our Saturday endeavors to bring you this story from Politico…Here are the highlights that discuss the 2010 Census:

But ACORN’s past problems and its new partnership with the Census Bureau has given Republicans more than enough reason to pounce. During the debate over the government stimulus package, GOP lawmakers complained bitterly that federal funds for “neighborhood stabilization activities” and other programs could flow to ACORN. At the time, ACORN’s CEO, Bertha Lewis, denied that her group would be eligible to receive such funds

In an interview with POLITICO, McHenry said that after this week’s law enforcement action in Nevada and Pennsylvania, he would continue to press the Census Bureau to end its partnership with ACORN.

“Not only are we talking about an organization that is a nonprofit and engaged in political activity of a partisan nature, not only are we talking about a group that gets government funds, we’re talking about an organization that has an imprint and stamp of a partnership with the Census,” McHenry said. “I think reasonable folks on both sides of the aisle should be concerned about ACORN’s involvement.”

The First 2010 Census Protesters: Viva La Revolution!!!

Thursday, April 23rd, 2009

Today, MyTwoCensus has learned about the first people to officially protest their own participation in the 2010 Census. Just yesterday, we wrote how there is very little that the U.S. Government can do to punish individuals who fail to complete their 2010 Census forms, which, in this case, is the American Community Survey that has been mailed to approximately 1 in 40 households.

Thanks to Tulsa Oklahoma’s Channel 6 News for first reporting this:

TULSA, OK — The U.S. Census Bureau is surveying Tulsa neighborhoods to confirm where to send questionnaires for the 2010 census.

But some people are wondering why they’re already getting census forms in the mail.

Forms are landing in mailboxes almost a full year before the census officially starts.

Geraldine and Lincoln Higgins are not usually rebellious, but they say they’re not going to fill out the census form they got in the mail.

“I don’t think the U.S. government needs to know how many people live in this house,” Geraldine Higgins said. “I don’t think it’s anybody’s business.”

They are not planning to answer the more than 100 questions on the American Community Survey, which asks about their house, finances, what languages they speak and the state of their health.

What made Geraldine Higgins mad was that it said the law required her to answer.

“I’d like for them to come arrest me,” she said. “I’m 75 years old. What are they going to do with me?”

The Census Bureau says she isn’t going to be arrested but she does have to answer.

Dennis Jordan, Census Bureau Regional Director: “The 100 year census, the 2010 census and the American Community Survey, both have been determined to be so important that Congress has authorized them to be mandatory,” said Dennis Jordan, regional director of the Census Bureau. “Each household is required to fill them out.”

The survey is not the 2010 census. The American Community Survey goes out continuously and over a decade every home will get one.

The questions provide the government with more timely information than the once-a-decade census that in 2000 asked many of the same questions on a long form.

“We’re not doing that anymore,” Jordan said. “Everyone in the 2010 census will get a short form, 10 questions, takes about 10 minutes and the information we used to get on the long form will be collected with the American Community Survey.”

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