Amy Paulin Joins Amicus Brief in Lawsuit to Prevent an Undercount in the 2020 U.S. Census That Would Harm New Yorkers

Scarsdale, NY – Assemblymember Amy Paulin (D-Scarsdale) announced that she had signed onto an Amicus Curiae brief in the lawsuit State of New York, et al., v. U.S. Dep’t of Commerce. The brief was filed today in support of a coalition of states, cities, and mayors led by the State of New York who are seeking to prevent a rushed and untested question on citizenship from being added to the 2020 U.S. Census. The brief supports the lawsuit by detailing the financial harm that an undercount would cause for the State of New York.

“The Constitution requires that every person living in the United States be counted, and so much of federal funding relies on a complete and accurate count,” said Assemblymember Amy Paulin. “The controversial, rushed, untested, and unnecessary question on citizenship is clearly meant to discourage participation in already undercounted communities, and to inaccurately decrease the amount of federal funds going to our local governments, our schools, and so many well-deserving non-profits that support New York’s working families.”

There are over 320 federal programs that rely on census data to determine the distribution of $900 billion per year across all states. The many federal programs whose funding formulas rely on accurate census data include Medicaid, highway planning and construction, special education grants, children’s health insurance plans, child care, and foster care. The number of representatives a state may receive in Congress is also determined by the Census “counting the whole number of persons in each State.” The Trump Administration announced it would add a question on citizenship to the 2020 Census, but the State of New York led in suing the Department of Commerce, which designs and administers the Census, from adding such a question, arguing that its inclusion would be unconstitutional and harmful to residents of many states. The district court sided with the plaintiffs this year, and the federal government has appealed the decision to the U.S. Supreme Court.

“Two examples shows how devastating this would be to my constituents and to so many others in our state,” said Assemblymember Paulin. “First, an undercount would massively impact education funding for New York children who are failing or at risk of failing our education standards. The federal government uses Census data to determine how it will provide $16 billion in Title 1 funding for after school programs, academic intervention services, and counseling for at risk students, and another $12 billion in funding for special education, school lunches, Head Start, and improving teacher quality.”

“Non-profits that provide services for victims of crime, including domestic violence, would also be harmed by an undercount,” said Assemblymember Paulin. “The Victim Assistance Formula Grant Program (VAP) is designed to provide direct services to assist victims of crime, and that funding is also determined by population. In 2016, 36% of VAP funds were used to assist victims of domestic violence.”

Assemblymember Paulin concluded, “Similar disturbing and unjustified cuts across hundreds of programs would devastate at-risk families and non-profits across New York. I feel an obligation to my constituents to stand up against this unnecessary and unconstitutional overreach by the Commerce Department. There is too much at stake to allow New York’s numbers to be artificially deflated by partisan politics.”