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Japanese Americans Incarcerated in WWII and Muslim Civil Rights Group File SCOTUS Brief Challenging Census Citizenship Question

Three Japanese American citizens who were incarcerated during World War II are filing a US Supreme Court amicus brief to support challengers of the 2020 citizenship census question in the case of Department of Commerce v. New York.

According to a press release, they are filing the brief alongside the Council on American-Islamic Relations (CAIR), the Fred Korematsu, the Fred T. Korematsu Center for Law and Equality at Seattle University School of Law, and Norman Y. Mineta, a former Secretary of Commerce.

In its early days, the Trump administration’s announced that it would add this question to the 2020 census: Is this person a citizen of the United States? The announcement ignited a legal battle over the merit of the question. Now, the Supreme Court is set to hear oral arguments regarding the legality of the citizenship question on April 23.

The Japanese Americans and CAIR have filed this brief ahead of the April 23rd oral arguments. The brief argues that the Supreme Court should affirm Judge Jesse Furhman’s ruling. In January, Judge Furhman ruled against the Trump administration’s decision to add the citizenship question to the census.

The brief also argues that the question itself will complicate the census process. The census, the brief argues, only works if the public trusts that the government will not misuse census information. Many are afraid of how the Trump administration might use the citizenship question information.

According to the press release, the government is not legally allowed to use census data for anything but statistical purposes. However, past violations have given people a reason to fear. The most notable violation is the use of census data to target Japanese Americans during World War II.

“The shameful legacy of Japanese American incarceration during World War II shows what can happen when the courts allow themselves to be fooled by the government’s pretexts for unconstitutional policies, Professor Robert S. Chang, executive director of the Korematsu Center said in the press release.

The brief implores the Supreme Court to reject the government’s pre-textual reasons for including the question. It asks the Court to examine the real reason the government has decided to use the question.

“We urge the Court to conduct a searching review in this case to determine whether the government’s real reasons for adding a citizenship question to the census— in a process the trial judge found to be deeply flawed—support its decision or are simply a mask for a question that could deter the full participation of immigrants and communities of color,” Professor Chang said.

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