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 ‘Judicial Watch’

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.”

Is ACORN recruiting for the 2010 Census? The GOP thinks so!

Monday, August 10th, 2009

The GOP wants some questions answered from the man at the top, Robert M. Groves:

McHenry: Is ACORN recruiting census workers or not?
Internal documents at odds with Bureau’s claims to Congress

WASHINGTON – Today, Congressman Patrick McHenry, Ranking Member on the Census Oversight Subcommittee sent a letter to the U.S. Census Bureau concerning its partnership with ACORN.

While the Bureau has reported to Congress that ACORN is not recruiting census workers, internal documents contradict this claim.

Assuming the Bureau can reconcile these contradictions and verify that ACORN has been instructed not to recruit census workers, Congressman McHenry asked, “If ACORN has been singled out in such a manner because of its long criminal history, it begs the question, why are they a national partner in the first place?  If they cannot be trusted to recruit enumerators, it would seem to me that ACORN should be disqualified as a partner altogether.”

Dr. Robert M. Groves
Director
U.S. Census Bureau
4600 Silver Hill Road
Suitland, MD 20746

Dear Dr. Groves:

On July 10, 2009, Acting Director Thomas Mesenbourg wrote a letter to Congress clarifying the partnership role of the political advocacy group ACORN, Association of Community Organizations for Reform Now.  Mr. Mesenbourg stated definitively that ACORN “will not be involved in recruiting or hiring census employees.”[1] However, information has come to my attention that requires further clarification from the Bureau.

Documents from the Bureau obtained by Judicial Watch contradict Mr. Mesenbourg’s letter to Congress.  One such document details the organization’s partnership responsibilities, including “Identify job candidates and/or distribute and display recruiting materials.”  Bearing his signature from February 12, 2009, this form indicates that Mr. Mesenbourg approved ACORN’s role as a recruiter of census enumerators.[2]

Furthermore, promotional materials for the national partnership program indicate very clearly that partners will play a role in recruiting enumerators.[3]

A) How do you reconcile this evidence with Mr. Mesenbourg’s letter to Congress?

B) If ACORN has been instructed specifically not to recruit enumerators, please provide
the dated correspondence between the Bureau and ACORN that verifies this.

C) Additionally, please provide a list of other national partners that have been instructed
not to recruit enumerators.

D) If ACORN has been singled out in such a manner because of its long criminal history,
it begs the question, why are they a national partner in the first place?  If they cannot
be trusted to recruit enumerators, it would seem to me that ACORN should be
disqualified as a partner altogether.

In a document provided to Congress, the Bureau states that partnering organizations would be disqualified if they “could distract from the Census Bureau’s mission.”[4] An internal document from the Bureau states that groups will be disqualified if they “might make people fearful of participating in the Census.”[5]

E) How does the criminal background of ACORN reflect positively on the Census
Bureau’s mission?

F) As a criminal enterprise, how could ACORN in no way distract from the Bureau’s
mission?

Please submit written responses to the questions above to the Subcommittee on Information Policy, Census, and National Archives by August 24, 2009.  Should you have any questions or need any additional information, please contact Alexis Rudakewych at (202) 225-2576.

Sincerely,

Patrick T. McHenry
Ranking Member
Subcommittee on Information Policy,
Census, and National Archives

[1]  See Bureau letter to Mr. McHenry (July 20, 2009)
[2]  See Bureau partnership form (February 12, 2009)
[3]  See Bureau Form D-3207, Become a 2010 Census Partner, (April 2008)
[4]  See 2010 Census Partnership Program, Partner Selection Process and Guidelines, page 2
[5]  See Email, Barbara A. Harris, (March 17, 2009)