A federal lawsuit brought last week by Latino and immigrants' rights groups is seeking to stop the Trump administration from publicizing estimates of the citizen population along with the 2020 census results.
Effectively blocked by the Supreme Court from putting a citizenship question on the census, President Trump has ordered the Commerce Department to come up with numbers using existing government records – in time for delivery to the states along with the detailed population figures.
While congressional districts have to be drawn based on total population, according to a plain-text reading of the Constitution, there's some legal opening for states to draw their own legislative boundaries based on citizenship. That would shrink power in immigrant communities and cities to the benefit of whiter and more rural areas – another route to the sort of partisan gerrymandering that democracy reformers decry.
The lawsuit, filed in federal court in Maryland, says the collection of citizenship data for this purpose violates the Constitution's Equal Protection clause and federal administrative law. "Defendants' actions should also be enjoined because they are motivated by racial animus, are discriminatory toward Latinos and non-citizens, and are the result of a partisan conspiracy intended to dilute the representation of non-citizens and Latinos," the lawsuit says.
The suit was first reported in Talking Points Memo. The government had not responded as of Monday afternoon.
Demonstrators rally outside the U.S. Supreme Court as justices hear oral arguments on whether President Donald Trump can deny citizenship to children born to parents who are in the United States illegally or temporarily, on Capitol Hill, in Washington, Wednesday, April 1, 2026. (AP Photo/Mariam Zuhaib)
Luz Angela Nuñez with her daughter Aisha Quershi Nuñez at their home in College Point, Queens. Photo: Mia Anzalone for Documented.
Kimberly Alvarez, 25, with her daughter Evangeline and her husband John Alvarez in Medellin, Colombia. Photo courtesy of Kimberly Alvarez.Alvarez arrived in New York City in February 2024 with her husband John Alvarez as asylum seekers from Venezuela. In April 2025, Alvarez found out she was pregnant with her first child, a baby girl. Her first reaction, she said, was fear.“How am I going to keep her alive?” she said. “That’s what I was thinking. ‘How am I going to be able to take care of her?’”At the beginning of Alvarez’s pregnancy, she said she was aware of the immigration enforcement occurring around the country, but vowed not to let it deter her from showing up to her doctor’s appointments.“When you went out, you were always on alert because you didn’t know if [ICE] might be around. I never saw anything suspicious,” Alvarez said. “But of course, you feel scared.”In October, when Alvarez was six months pregnant, her husband was detained by ICE agents at 26 Federal Plaza. When the immediate shock wore off, she obsessively checked the Online Detainee Locator System to find out where her husband went. A day later, she discovered that he was being kept at Delaney Hall detention center in New Jersey. Alvarez quickly set up an account to pay for phone calls, and every two days, she would pay about $10 for a one-hour call, updating her husband about the baby, her appointments and how she was doing.“Crying was the only way for me to release the tension,” said Alvarez, who worried that her lack of sleep and bad diet were impacting her baby. “Crying was the only way for me to release the tension.”—Kimberly AlvarezThat tension built up day by day, week by week following her husband’s arrest. Alvarez had stopped her work as a cleaner in the neighborhood’s synagogues two weeks before her husband’s detention because of her pregnancy. The plan, she said, was to rely solely on his income as a maintenance worker for “the food, the rent, everything.” Left with few choices, Kimberley had to rely on her mother’s income as a cleaner. The older woman had moved to New York from North Carolina to assist with Alvarez’s pregnancy. “I feel like I’m supposed to help my mom, not the other way around,” Alvarez said. “I felt powerless because I couldn’t do anything.”On Dec. 9, Alvarez gave birth to a daughter, Evangeline. While her baby was healthy, Alvarez’s anxieties did not go away. While she returned to cleaning synagogues a few months after Evangeline’s birth to help make ends meet, Alvarez and her daughter rarely left home. Alvarez said she felt paralyzed, getting frequent alerts from a neighborhood WhatsApp group when ICE was spotted nearby. One day, she said, ICE arrested her friend’s husband in Sunset Park, in an area where she would sometimes take Evangeline for walks.“I’m so afraid that I’ll go out and run into one of them and that they’ll take her away from me,” Alvarez said. “That’s my biggest fear, that someone will take her away from me and I won’t know where my daughter is.”In March, her husband decided to voluntarily remove himself from the United States and move back to Colombia, where he is originally from. It was a family decision, but it was not a happy one — hiring immigration lawyers was too expensive, Alvarez said, adding that staying in the U.S. felt too uncertain. 
