New York- As the April 1 deadline for returning Census 2010 forms approaches, the Asian American Legal Defense and Education Fund (AALDEF) cited a compelling reason for undocumented immigrants to participate in the Census: the completed census form can be used to prove "physical presence" in the United States in the event that a legalization program is enacted by Congress in the future.
AALDEF Democracy Program Director Glenn Magpantay said:  "Federal law requires that everyone must complete a Census form, and as lawyers, we have a duty to advise individuals about their legal rights, obligations and liabilities."  He cited 13 U.S.C. § 221, which mandates that everyone over the age of 18 must answer the Census form or be subject to a fine of up to $100.  Magpantay also emphasized that this information is confidential and cannot be used in any lawsuit or administrative proceeding against the individual. (13 U.S.C. §§ 8-9).

For undocumented immigrants, certified copies of completed census forms could be used as evidence of continuous presence in the United States for legalization under certain immigration laws.  These include the amnesty program under the Immigration Reform and Control Act of 1986 (IRCA), amelioration provisions of the Legal Immigration Family Equity Act of 2000, and Temporary Protected Status (TPS) under the Immigration and Nationality Act Section 244, (when one is unable to return due to war, natural disaster, or other extraordinary circumstances, such as Haitians after January 21, 2010).

A federal regulation, 8 C.F.R. § 245.22, provides that:  "A certified copy of a Federal … govern-mental record that was created on or prior to the required date, shows that the applicant was present in the United States at the time. . .”   Magpantay added, “The census is one of the few federal forms that undocumented immigrants must complete.  One who is not supposed to be here can thereby prove that he or she is here.”

AALDEF worked with several pro bono law firms, including Hogan & Hartson LLP in Washington, DC, Skadden Arps Slate Meager & Flom LLP in New York, and Proskauer Rose LLP in Newark, NJ to undertake this legal research.

Magpantay said:  "We hope these findings will persuade many more undocumented immigrants to get counted in the census."

Census Monitoring and Legal Hotline
AALDEF has launched a national Census Monitoring Project and legal hotline: 1-800-966-5946.  Individuals can call AALDEF to report problems and any suspected breaches of confidentiality, obtain legal advice, and speak with a lawyer.  Operators speak Chinese (Mandarin, Cantonese, and Toisan), Korean, and Tagalog, and other Asian languages may soon be available.

For more information, contact:
Glenn Magpantay, Democracy Program Dir. 212.966.5932 x206 This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Asian American Legal Defense and Education Fund (AALDEF)

99 Hudson St, 12th Fl
New York, NY 10013

tel: 212 966 5932
fax: 212 966 4303
email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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