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Brooks filed the lawsuit last year against the Commerce Department and the Census Bureau. In it, he argues that including undocumented citizens in the census gives some states an unfair advantage with more congressional seats.

Atlanta and Virginia filed their motion on Aug. 12, arguing undocumented citizens are people that must be counted. A hearing on the Brooks’ lawsuit is scheduled for Sept. 6.

“It is unconscionable that in 2019 there is still a debate surrounding what defines a ‘person,’ which is why we will continue working to ensure that every resident is counted,” Bottoms said in her statement.

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