Census Bureau will count incarcerated people in the wrong place once again in 2020 Census, continues to distort democracy
Census Bureau announcement means another decade of prison gerrymandering. State-by-state reforms are urgent.
February 7, 2018
For Immediate Release — Today, the U.S. Census Bureau announced how it will define residence for the 2020 Census. Ignoring overwhelming public support for a change in how incarcerated persons are counted in the Census, the Bureau announced it is leaving in place the inaccurate and outdated practice of counting incarcerated persons as “residents” of the prison locations instead of their home communities. In response to this development, the Prison Policy Initiative released the following statement:
The Prison Policy Initiative is profoundly disappointed by the Census Bureau proposal to again count nearly 2 million people in the wrong place on Census day. Continuing this practice will ensure another decade of “prison gerrymandering” that unjustly awards extra political power to the regions that host prisons, perverting the principles of equal representation.
Peter Wagner, Executive Director of the Prison Policy Initiative, said “The Census Bureau blatantly ignored the overwhelming consensus urging a change in the Census count for incarcerated persons. When the Bureau asked for public comment on its residence rules two years ago, over 99% of the 77,863 comments regarding residence rules for incarcerated persons urged the Bureau to count incarcerated persons at their home address, which is almost always their legal address. By planning to once again count incarcerated people as if they were residents of correctional facilities, the Census Bureau has simply disregarded input from the public, redistricting experts, and legislators.”
“The Bureau’s decision is inconsistent with the way the ‘usual residence’ rule is applied to other similarly-situated people,” explained Legal Director Aleks Kajstura. “The Census Bureau is picking favorites based on economic and racial privilege: if boarding school students are deemed to live at home, then the same logic should be applied to incarcerated people.”
The Prison Policy Initiative, along with many other civil rights, voting rights, and criminal justice advocates, have long urged the Bureau to update its rules on incarcerated persons. As our research has demonstrated over the last two decades, the Census Bureau’s practice of counting incarcerated people at the location of the facility harms our democracy at all levels of government.
When state and local officials use the Census Bureau’s prison count data attributing ‘residence’ to the prison location, they give extra representation to the communities that host the prisons and dilute the representation of everyone else. This is harmful to rural communities that contain large prisons, because it seriously distorts redistricting at the local level of county commissions, city councils, and school boards. It also harms urban communities by not crediting them with the incarcerated population whose legal residence never changed.
The Census Bureau defines “usual residence” as the place where a person “eats and sleeps most of the time”, but fails to follow that rule when counting incarcerated people. Treating a prison as a “usual residence” reflects a fundamental misunderstanding of the nature of incarceration. The critical issue is that while a prison itself seems permanent, the people located there on any given day are not. The majority of people incarcerated in Rhode Island, for example, spend less than 100 days in the state’s correctional facilities. If the same people were instead spending 100 days in their summer residence, the Bureau would count them at their regular home address. The Census Bureau continues to carve out an unexplained exception for incarcerated people in order to count them in the wrong place.
Counting incarcerated people at the location of the facility reduces the accuracy of Census data about communities of color. For example, because African-Americans and Latinos are disproportionately incarcerated, counting incarcerated people in the wrong location is particularly bad for proper representation of African-American and Latino communities. Today’s decision continues to sacrifice the accuracy of the Census and harm communities of color.
Despite this major disappointment, the advocates noted two positive developments and pledged to redouble their efforts to help states make the data suitable for redistricting. The Bureau is planning on publishing correctional facility populations early — at the same time as the main redistricting data files that they send to the states. And the Bureau is offering to help states with the number crunching required to adjust the redistricting data on their own even as it leaves people across the country at the mercy of an ad hoc approach to equal representation.
The earlier data publication will make the data adjustments easier for states that end prison gerrymandering on their own, and will be particularly useful for states with short redistricting deadlines. This data will give redistricting officials the Census counts of people in correctional facilities at the location of the facility – enabling states to subtract incarcerated people from the prison location and, in conjunction with the state’s own home address data, reallocate them back home for that state’s redistricting.
The Prison Policy Initiative has long argued that the Census Bureau is in the best position to end prison gerrymandering nationwide, and the organization hopes that, by 2030, the Bureau’s residence rules will reflect reality. But with 2020 and redistricting just around the corner, today’s disappointing announcement makes it all the more urgent that more states pass legislation to end prison gerrymandering in their states.
- Census Bureau’s 2020 Census Residence Criteria and Residence Situations (in earlier decades these were called the “residence rules”)
- Census Bureau’s memo summarizing the comments and offering their official response
- A public archive of many of the comment letters submitted to the Census Bureau in 2015 and 2016 on ending prison gerrymandering.
- The 2016 comment letter of the Prison Policy Initiative and Dēmos offering a comprehensive rebuttal of the Bureau’s proposed, and now final, determination.
Correct me if I am wrong, but doesn’t the constitution state that prisoners that have lost their right to vote as in many states, should not be counted in the census for the purpose of assigning representative?
The US Constitution stated in Amendment XIV, ratified by the states in 1868:
“But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.”
That clause was intended (but never used) to punish Southern states — by reducing their political power in Congress — if they did a large-scale disenfranchisement after Reconstruction. The mention of “rebellion” was a reference to the fact that some leaders of the Confederacy were already disenfranchised and that the amendment was not intended to be seen as criticizing that. The “other crime” part is subject to some debate as to whether it was intended to mean crimes similar to rebellion or if it was intended to carve out an exception to this punishment in recognition that most states already practiced some form of felon disenfranchisement.
Regardless, the constitution requires everyone in the country to be counted, including many populations that can not vote (like children). But with incarcerated people the real question comes down to where they should be counted.