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Supreme Court Declines to Rule on Removing Unauthorized Immigrants from House Allocation Process

Unauthorized Immigrants

The U.S. Supreme Court delivered a victory for the Trump administration on December 18, 2020, when it dismissed a suit against the administration’s plan for allocating seats in the U.S. House of Representatives by eliminating undocumented and unauthorized immigrants from the figures used in this process. In its ruling, the Supreme Court stated that the lawsuit was full of “contingencies and speculation” and declined to adjudicate the suit at the current time. A representative for the American Civil Liberties Union (ACLU) noted that this ruling does not prevent the case from being heard at a later date.

Dissent From Three Supreme Court Justices

The decision by the Supreme Court was not unanimous. Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan dissented, stating that the case had progressed far enough to be decided on its merits. The dissent, which was written by Justice Breyer, went further to say that the government’s plan to remove unauthorized immigrants from the population figures used to apportion seats in the U.S. House of Representatives was unlawful and that the Supreme Court should acknowledge that.

Delays Could Prevent Implementation

The legal question regarding whether the Trump administration can lawfully eliminate data collected on unauthorized immigrants from the figures used to allocate seats in the House of Representatives may be moot. The Census Bureau has indicated that data regarding these individuals and families may not be compiled and completed until after President Trump and his team leave office. It is unlikely that President-elect Joe Biden will pursue a similar course of action, so the issue may resolve itself over the next few months.

The Right Help for Immigrants

Both unauthorized and legal immigrants can face serious issues with federal immigration authorities. Working with a qualified New York immigration attorney can provide added help in dealing with work permit requests, visa overstays and citizenship applications. Your New York immigration attorney can provide you with the right solutions for a wide range of legal concerns.

If you are looking for the best New York immigration attorney for your situation, the team at Oltarsh & Associates, P.C. can provide expert representation and real help for families and individuals in our area. We work with our clients to produce positive results for a wide range of issues that could result in detention or deportation. If you need the right legal help for yourself or your family, give our offices a call today at 212-944-9420 to schedule a free case evaluation. We look forward to the opportunity to serve you.

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