DEPARTMENT: Government and Public Affairs
DEPARTMENT HEAD: Jeff Coyle, Director
COUNCIL DISTRICTS IMPACTED: City Wide
SUBJECT:
A resolution opposing the inclusion of a citizenship question in the U.S. Census Bureau’s 2020 Census questionnaire.
SUMMARY:
Approval of a resolution expressing opposition to the inclusion of a citizenship question in the 2020 Census due to the impact such a question would have on the accuracy of the count as required by the U.S. Constitution.
BACKGROUND:
The U.S. Constitution requires a complete census of the population of the United States every 10 years. Preparations for the 2020 Census have begun, with Census Day to occur on April 1, 2020. Obtaining an accurate count for San Antonio is important for several reasons. First, it helps determine the distribution of more than $675 billion annually in federal funds to state, local and tribal governments; this funding is for housing, highways, hospitals, schools, assistance programs and many other projects and programs. It also informs redistricting, determines apportionment of representatives to the US House of Representatives, forecasts future transportation needs, determines eligibility for housing assistance programs and assists government entities in planning and implementing programs and services and others. Following the 2010 Census, Texas gained four congressional seats and due to its rapid growth, is expected to receive more following the 2020 Census.
In a December 12, 2017 letter to the US Census Bureau, the Department of Justice (DOJ) requested the addition of the question to obtain “a reliable calculation of the citizen voting-age population in localities where voting rights violations are alleged or suspected” to help enforce Section 2 of the Voting Rights Act, which offers protections against racial discrimination in voting. On March 26, 2018, the Department of Commerce Secretary, Wilbur Ross, directed the Census Bureau to include the citizenship question in the 2020 Census. The questions to be included in the census are at the administrative discretion of the Secretary of Commerce and no additional Congressional action is necessary to add the question. In order to make changes to the proposed questionnaire, Congress would have to pass a law instructing the Census Bureau to change the questionnaire.
Since the announcement of the inclusion of a citizenship question, several states, cities, advocacy organizations and individuals have filed lawsuits challenging the questions’ inclusion in the census. Five separate lawsuits have been filed against the Census Bureau and Commerce Department to block the inclusion of this question. The filed lawsuits generally make two arguments: (1) that including a citizenship question will cause reduced participation and result in an undercount of the population and therefore unconstitutionally affect Congressional representation and funding, and (2) claiming that the decision did not follow procedure and is not in accordance with the law. The lawsuit filed on June 5 by the American Civil Liberties Union (ACLU) alleges inclusion of the question would depress census participation and reduce the amount of federal funds that are distributed in communities such as San Antonio and Houston, Texas. Cities including McAllen, Texas and Los Angeles, California have adopted resolutions opposing the citizenship question and numerous organizations have expressed concern, including the US Conference of Mayors, National Association of Latino Elected Officials (NALEO) and other immigrant and civil rights organizations.
ISSUE:
The last time all households received a citizenship question during the census was in 1950. Since that time, the citizenship question has not been included in the short form questionnaire which every household receives. From 1970 to 2000 the Census Bureau used both a long-form and a short-form questionnaire. The long-form, sent to one in six households, included a citizenship question. In 2005, the Census Bureau started collecting citizenship information in the American Community Survey, which goes to about 3.5 million households a year. Including a citizenship question in the short-form to be completed by all households is likely to impact response rates among immigrant and minority groups resulting in inaccurate population counts, especially in states with large immigrant populations like Texas, California, and Florida.
On January 26, 2018, six former directors of the US Census Bureau, serving under both Republican and Democratic administrations, expressed concern about including a citizenship question in the 2020 Census. The letter expresses concern that the question was added too late in the process to test the question prior to the census and that adding this question at this point in the process “would put the accuracy of the enumeration and success of the census in all communities at grave risk.”
According to an analysis by the Texas Tribune, 66 percent of the Texas residents live in census tracts that exceed the national average for low response scores. Based on Census Bureau statistics from 2010 and other census tract variables, on average, nearly 24% of San Antonio residents are already not likely to self-respond in 2020. As a city and state with a large Hispanic population and a significant nonresponse rate in certain census tracts, San Antonio and Texas are at risk of an undercount should participation decline due to the inclusion of a citizenship question on the 2020 Census. Through a resolution in opposition of including a citizenship question in the 2020 Census, the City of San Antonio will join the dozens of advocacy organizations, local and state governments in advocating for a complete count as required by federal law.
On June 13, 2018, the Intergovernmental Relations Council Committee approved this resolution.
ALTERNATIVES:
City Council could decide not to pass the proposed resolution opposing the inclusion of a citizenship question in the 2020 Census.
FISCAL IMPACT:
This resolution poses no direct fiscal impact.
RECOMMENDATION:
Staff recommends approval of the resolution opposing the inclusion of a citizenship question on the 2020 Census.