Attorneys Want U.S. District Judge to Review New Evidence in Census Citizenship Case

Advancing Justice | AAJC Files a Motion for Judge George J. Hazel to Reconsider Racial Animus and Conspiracy Claims Based on Deceased GOP Strategist Documents
For Immediate Release
Michelle Boykins 202-296-2300, ext. 0144
Mary Tablante 202-296-2300, ext. 0114

Washington, D.C. — Advancing Justice | AAJC (Asian Americans Advancing Justice | AAJC) filed a motion late last night to ask U.S. District Judge George J. Hazel, of the U.S. District Court for the District of Maryland in Greenbelt, to review new relevant evidence that shows the Trump transition team, administration officials, and the U.S. Department of Justice (DOJ) conspired to add the citizenship question to the 2020 Census for a racially discriminatory purpose.

“We’ve seen firsthand the deviousness of this administration and its officials in the constant attacks against our immigrant communities but now the evidence is undeniably written in black and white (or stark, plain language),” said Niyati Shah, Assistant Director of Legal Advocacy at Asian Americans Advancing Justice | AAJC. “This new evidence proves the addition of a citizenship question was racially motivated and nothing more than another attempted power grab.” 

In early April, Judge Hazel ruled in favor of the plaintiffs in LUPE v. Ross who were represented by Advancing Justice | AAJC and MALDEF (Mexican American Legal Defense and Educational Fund). Judge Hazel concluded the citizenship question violated the Enumeration Clause of the U.S. Constitution and the Administrative Procedure Act (APA). On the other two claims of racial animus in violation of the 5th Amendment and of conspiracy in violation of 42 U.S.C. § 1985, the district court held the evidence presented at the time insufficiently supported those claims. Both the government and the LUPE plaintiffs cross-appealed their respective unfavorable rulings to the Fourth Circuit—the government appealed the APA and Enumeration Clause ruling and the LUPE plaintiffs the racial animus claim.

Advancing Justice | AAJC and MALDEF filed the motion to request Judge Hazel review the new evidence on their racial animus and conspiracy claims that was uncovered by the daughter of deceased GOP political strategist, Thomas B. Hofeller, which reveals that the citizenship question was motivated by a desire to dilute Latino representation to the advantage of Republicans and non-Hispanic whites, and establishes that Secretary Wilbur Ross, his advisors, and DOJ officials conspired together for that purpose.

Read the motion HERE.

Read the notice to appeal.