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U.S. Department of Commerce Statement on National Urban League Case 21-Day Stay

Yesterday, an official Order by the Court in the National Urban League case was issued in which the Department of Commerce and U.S. Census Bureau are defendants.  The Order enters a Stipulation for a 21-day stay in the case, and all necessary and appropriate steps must be taken to ensure compliance with the Court’s Stipulation and Order.  Accordingly, all Department of Commerce employees who have operational dealings with the Census Bureau are hereby instructed to read that attached order and ensure compliance with the following: 

  1. Reports, estimates, or data relating to the July 21, 2020, Presidential Memorandum on Excluding Illegal Aliens from the Apportionment Base following the 2020 Census will not be finalized, reported or publicly disclosed prior to the change of Administration on January 20, 2021.  Should such information be finalized after the change of Administration but prior to the end of the proposed stay, Defendants would provide Plaintiffs with 7 days detailed notice prior to reporting or publicly disclosing it. 
  2. Reports, estimates, or data relating to Executive Order 13880, entitled “Collecting Information About Citizenship Status in Connection with the Decennial Census” (July 11, 2019), will not be finalized, reported or publicly disclosed prior to the change of Administration on January 20, 2021.  Should such information be finalized after the change of Administration but prior to the end of the stay, Defendants would provide Plaintiffs with 7 days’ detailed notice prior to reporting or publicly disclosing it. 
  3. Neither the Census Bureau nor the Department of Commerce will report or publicly disclose any population counts or estimates relating to the population as of April 1, 2020, including counts or estimates of the illegal alien/undocumented immigrant population, prior to the change of Administration on January 20, 2021. To the extent such population counts or estimates are developed after the change of Administration but prior to the end of the stay, Defendants would provide Plaintiffs with 7 days detailed notice prior to reporting or publicly disclosing them. 

If you have any questions, immediately raise them with your supervisory chain of command for resolution. The official order is available on the Commerce website here.