Bradley Threatens Suit on U.S. Census Measure

Flanked by some of the city’s Latino leaders, Los Angeles Mayor Tom Bradley on Monday all but promised a lawsuit if Congress and the President approve a measure that would lower the status of illegal aliens in the 1990 Census.

The measure, passed by the Senate on Friday, would exclude illegal aliens from the census count that will be used to reapportion the House of Representatives. Sponsored by Sen. Richard C. Shelby (D-Ala.), the measure would hurt states such as California that expect to gain several more seats in Congress as a result of population gains based partly on the influx of illegal aliens.

Shelby proposed the measure as an amendment to a governmental appropriations bill which is expected to go before a House-Senate conference committee this week or next. The House has rejected legislation similar to the Shelby amendment, but if the amendment is approved by the conference committee, its fate will be in the hands of President Bush.

Speaking at a press conference, Bradley argued that Shelby’s proposed legislation is unconstitutional and that it would imperil millions of dollars in state and federal aid that the city receives based on the number of people, both legal and illegal, who reside in Los Angeles.

Saying he was certain a lawsuit would be filed challenging the measure if it becomes law, Bradley said he “would strongly urge that we be a partner in the lawsuit.” The city is already a participant in a suit to compel the Census Bureau to adopt a new technique designed to correct the chronic undercounting of minorities, poor and homeless people.

City officials estimate that illegal aliens make up about 10% of the Los Angeles population. If they are not counted, the city could lose up to $180 million a year in state aid and at least $40 million in federal aid the next decade, according to official estimates.

“They (illegal aliens) use our hospitals, our streets and our housing, incurring for us certain obligations,” Bradley said. “If we don’t get to count them, we don’t get our fair share of funds.”

The Shelby amendment would not prohibit the Census Bureau from counting illegal aliens, just exclude them from the reapportionment process. Nevertheless, city officials, as well as Latino activists, believe that the measure, because it would require illegals to be identified during the census, in effect would intimidate the Latino population and cause many people, both legal and illegal, to avoid being counted. The result, officials fear, would be a substantial undercount that would have financial implications for the city.

Secretary of Commerce Robert A. Mosbacher opposes the amendment, and has urged Bush to veto it if it is passed by Congress.

However, the amendment is attached to an appropriations bill which includes much of the $7.9 billion Bush is seeking for the war on drugs. Opponents of the Shelby Amendment worry that the President would not want to tie up the anti-drug money.