Amicus Brief of NCAI in Census Case

Here is the National Congress of American Indians’ (“NCAI”) Amicus Brief in Trump v. New York, which is being argued today and addresses whether unauthorized immigrants should now be excluded from the Census count.

From the brief:

Multiple amici argue, in effect, that unauthorized immigrants are not “persons” to be counted for purposes of apportionment. Because the United States once tried to argue that American Indians were not “persons” under the law, amicus NCAI is compelled to refute these arguments.

….

These arguments are inconsistent with the Constitution’s text and history. Worse still, in a nation where “all persons are created equal,” Matthews v. Lucas, 427 U.S. 495, 516 (1976) (Stevens, J., dissenting), see also Declaration of Independence ¶ 2 (“We hold these truths to be self-evident, that all men are created equal. . . .”), these attempts to deny the very personhood of unauthorized immigrants are morally bankrupt.