How to Legally Refuse to Participate in the Census Survey
Posted on Mar 02, 2010 in Constitutional & Liberty Issues, Political IssuesKevin Hayden – TruthisTreason.net
Hayden’s Note:
I know this is a lengthy post, but it is incredibly educational. If nothing else, please scroll down towards the bottom and read the last several paragraphs that detail my plan of attack [To all IRS/DHS listening, that means "non-violent response"] when my Census Form arrives. Print it out and use it as a template for yourself!
I recently heard someone say the time has come for some civil disobedience and the intrusive nature of the Census makes it the perfect place to start. I could not agree more. The American people need to draw a line in the sand and tell the reprobates in the federal government we will no longer tolerate their usurpations of power.
If the American people are going to make a stand and go toe to toe with the federal government, then they need a basic understanding of some constitutional principles because these principles are universal and pertain to every power exercised by the federal government.
Constitutional Principles
Principle No. 1. The Constitution established a separation of power between the States and their federal government. James Madison explained this principle in Federalist Essay No. 45:
The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which in the ordinary course of affairs, concern the lives, liberties, and properties of the people; and the internal order, improvement, and prosperity of the State.
The operations of the federal government will be most extensive and important in times of war and danger; those of the State governments in times of peace and security.
In the New York State Convention debating ratification of the proposed constitution in 1788, John Jay, who was one of the authors of the Federalist Essays and would later become a justice of the United States Supreme Court, expressed this principle as follows:
What are the objects of our state legislatures? Innumerable things of small moment occupy their attention; matters of a private nature, which require much minute and local information. The objects of the general government are not of this nature. They comprehend the interests of the states in relation to each other, and in relation to foreign nations.
Thomas Jefferson discussed this principle in various writings throughout his political career. In 1816 he wrote:
The way to have good and safe government is not to trust it all to one, but to divide it… Let the national government be entrusted with the defense of the nation, and its foreign and federal relations; the state governments with the civil rights, laws, police, and administration of what concerns the state generally…
The best key for the solution of questions of power between our governments is the fact that ‘every foreign and federal power is given to the federal government, and to the states every power purely domestic. * * * The federal is, in truth, our foreign government…
The federal government was empowered to deal with foreign affairs and relations between the States while the States would concern themselves with domestic affairs.
The powers of the federal government are commonly known as delegated powers because when that government was established, the States delegated, not surrendered, a portion of their sovereign powers to the federal government. The powers not delegated to the federal government are known as reserved powers.
Principle No. 2. The Constitution established a federal government of limited enumerated powers. Under this system of government, every power not granted to the federal government and enumerated in the Constitution is denied. This principle is the foundation of the Constitution and exists independent of the Tenth Amendment. That Amendment is merely a secondary level of restraint on the powers of the federal government.
In Federalist Essay No. 14, James Madison wrote that adoption of the proposed constitution would not grant the federal government general legislative authority throughout the United States:
[I]t is to be remembered that the general government is not to be charged with the whole power of making and administering laws. Its jurisdiction is limited to certain enumerated objects…
Alexander Hamilton addressed the principle of limited government in Federalist Essay No. 83:
The plan of the convention declares that the power of Congress…shall extend to certain enumerated cases. This specification of particulars evidently excludes all pretension to a general legislative authority, because an affirmative grant of special powers would be absurd, as well as useless, if a general authority was intended.
The federal government only exists within the sphere of its delegated powers and is constitutionally powerless to act absent a specific grant of power. It should be noted that there are no implied powers beyond the delegated powers. For example. Congress has been granted “the power to establish post offices.” Therefore, Congress can pass any law necessary to the establishment and maintenance of post offices. This would include such incidental powers such as printing stamps, affixing their value, appropriating money for postal trucks, etc.
Members of Congress constantly attempt to reverse this principle. I have lost count of the number of times I have watched one of these clowns hold up a copy of the Constitution and claim their powers are unlimited except in those instances were the Constitution places a restriction on their power. These individuals are either corrupt, incompetent, or both.
Principle No. 3. Constitutionally, the federal government cannot use its delegated powers to encroach on the powers reserved to the States. In other words, the federal government cannot convert its federal and foreign powers into domestic powers to do things not entrusted to that government, i.e., use principle No. 2 to circumvent principle No. 1.
Constitutional Provisions for the Census
The provision for the Census is found in Article I, Section 2, Clause 3 of the Constitution. It is confined to determining the number of Representatives [in the House] and imposing direct Taxes among the several States.
Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Number… The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.
The reader will note the power to make laws concerning the Census is restricted to the “actual enumeration.”
In the case of direct taxes (a direct tax is a tax on property based on ownership), this provision requires Congress to apportion the tax among the individual States based on population. For example. Let’s say in 1790, two years after the ratification of the Constitution, Congress prepared a budget and decided to impose a direct tax to raise the needed revenue. And, based on the Census, Virginia had 30% of the population of the United States. Under the rule of apportionment, Virginia would have been responsible for 30% of the tax. The States collect the tax and turn the money over to the federal government.
Direct taxes are inherently unfair because one State, with ten percent of the population, might be one of the richest States while another State, with the same percentage of the population, might be one of the poorest. Yet, under the direct tax formula imposed by the Constitution, both States would be required to pay the same amount. The Founders feared the use of direct taxes so they created a system to discourage their use.
Since direct taxes must be apportioned based on population, an enumeration is needed to determine the percentage of tax for each State.
The Federal Government Distorts the Purpose of the Census
On their web-page, the Census Bureau explains the purpose of the Census as follows:
The U.S. Constitution (Article I, Section 2) mandates a headcount of everyone residing in the United States. The population totals determine each state’s Congressional representation. The numbers also affect funding in your community and help inform decision makers about how your community is changing.
The reader will note that the federal government’s statement of purpose does not comport with the Article I, Section 2, Clause 3 of the Constitution. Since decisions about our communities are not within the class of powers granted to the federal government (see constitutional principle No. 1), the reader will not find a reference to it in the limited powers granted to the federal government (see constitutional principle No. 2).
No More Census Long Forms
On their web-page, the Census Bureau states the long form used in the past has been replaced with a new short form:
In the past, most households received a short-form questionnaire, while one household in six received a long form that contained additional questions and provided more detailed socioeconomic information about the population.
The 2010 Census will be a short-form only census and will count all residents living in the United States as well as ask for name, sex, age, date of birth, race, ethnicity, relationship and housing tenure – taking just minutes to complete.
The more detailed socioeconomic information is now collected through the American Community Survey. The survey provides current data about your community every year, rather than once every 10 years. It is sent to a small percentage of the population on a rotating basis throughout the decade. No household will receive the survey more often than once every five years.
The reader will note that the additional information requested on the 2010 form will have absolutely nothing to with apportioning direct taxes or determining the number of representatives in the House of Representatives.
The American Community Survey
As stated above, the Census Bureau will be using the American Community Survey to extract personal data that it previously received on the old long form. Once again, this information will have absolutely nothing to with apportioning direct taxes or determining the number of representatives in the House of Representatives.
Authority for the Census and the American Community Survey
On their web-site, the Census Bureau claims the American people are “required by law” to provide the information requested on either form and our response is “mandatory.”
For the Census, they cite the provision of the Constitution referenced above as their authority to request the information.
For the American Community Survey, they cite Title 13, United States Code (U.S.C.), Sections 141 and 193 as their authority to request the information.
Section 141 (d) states, in part: …the Secretary, in the year 1985 and every 10 years thereafter, shall conduct a mid-decade census of population in such form and content as he may determine…
Section 141 (e) (2) states: Information obtained in any mid-decade census shall not be used for apportionment of Representatives in Congress among the several States, nor shall such information be used in prescribing congressional districts.
Section 141 (g) As used in this section, “census of population” means a census of population, housing, and matters relating to population and housing.
Section 193 states: In advance of, in conjunction with, or after the taking of each census provided for by this chapter, the Secretary may make surveys and collect such preliminary and supplementary statistics related to the main topic of the census as are necessary to the initiation, taking, or completion thereof.
The first thing reader should note is the difference between the statement of authority for the 2 surveys. The Census falls under the Constitution while the American Community Survey is merely based on a statute passed by Congress.
The second thing the reader should note concerning section 141 is the reference to a mid-decade census of population. There is no constitutional authority for mid-decade census. See again Article I, Section 2, Clause 3 of the Constitution.
The third thing the reader should note concerning section 141 is the statement that the information obtained from the mid-decade census cannot be used for the constitutional purpose of the actual Census.
The fourth thing the reader should note concerning section 141 is the statement that the mid-decade census is being used for housing, and matters relating to population and housing. Article I, Section 2, Clause 3 does not contain a grant of power concerning these subjects.
This takes us to the other section cited as the authority for the American Community Survey. Section 193 restricts census surveys and the collection of preliminary and supplementary statistics…to the main topic of the census…necessary to the initiation, taking, or completion thereof. Constitutionally, the only topic of a census is a head count for apportioning direct taxes or determining the number of representatives in the House of Representatives. Article I, Section 2, Clause 3 does not contain a grant of power for any other census. The other ones referenced in section 193 fail to meet the constitutional topic of the only census enumerated in the Constitution.
Note: See again the first 2 constitutional principles discussed at the beginning of this article and then apply them to the American Community Survey.
Penalty Provisions for Failure to Comply with Either Survey Request
On their web-site, the Census Bureau states the penalty provision for failing to comply with either survey request is found in Title 13, U.S.C., Section 221.
Pursuant to this section, refusing to provide the requested information or neglecting to complete either survey subjects you to a fine of not more than $100.00. Willfully giving information that is false subjects you to a fine of not more than $500.00.
Then, in what I believe is a blatant attempt to misrepresent federal law and install fear in the hearts and minds of the American people so they will provide the requested information, the Census Bureau included the following statement after their reference to the section 221 penalties referenced above:
Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000.
A review of Title 18 shows it is entitled:“CRIMES AND CRIMINAL PROCEDURE.”
Section 3559 is entitled: “Sentencing classification of offenses.” Section (a) states: “Classification.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—(9) five days or less, or if no imprisonment is authorized, as an infraction.
Section 3571 is entitled: “Sentence of fine. Section (a) states: “A defendant who has been found guilty of an offense may be sentenced to pay a fine.” Section (b) states in part: “…an individual who has been found guilty of an offense may be fined not more than the greatest of—(7)for an infraction, not more than $5,000.” This is the only reference to a fine in the amount cited by the Census Bureau that matches the provision in section 3559 above.
The $5,000.00 fine referenced in section 3571 is a post conviction fine that only applies to an individual who has been charged and convicted of a criminal infraction as defined in section 3559. Unless an individual has been charged and convicted of some criminal offense connected to the Census and the crime is classified as an infraction, this $5,000.00 fine does not apply. Thus, their assertion that these sections changed the fines in section 221 to $5,000.00 is…you fill in the blank. In my mind, it’s a blatant lie that borders on fraud.
My Rules and Plan of Attack
Here are the 3 basic rules I follow when I receive requests for personal information on the Census and/or American Community Survey forms.
* I never destroy or deface the forms.
* I never put false information on the forms.
* I never partially complete the forms. If I am going to make the assertion that the requested information does not apply to me or the requested information exceeds the government’s constitutional authority to request the information, I return the form with a cover letter explaining why.
Here is my plan of attack for the Census and American Community Survey forms.
When I receive the 2010 Census form I will return it with a cover letter. In the letter I will give them the number of people residing in the house and state that pursuant to Article I, Section 2, Clause 3 of the Constitution that is the only information they are empowered to request. My “name, sex, age, date of birth, race, ethnicity, telephone number, relationship and housing tenure” have absolutely nothing to with apportioning direct taxes or determining the number of representatives in the House of Representatives. Therefore, neither Congress nor the Census Bureau has the constitutional authority to make that information request a component of the enumeration outlined in Article I, Section 2, Clause 3. In addition, I cannot be subject to a fine for basing my conduct on the Constitution because that document trumps laws passed by Congress. Period end of story.
When I receive the American Community Survey form, I will return it with a cover letter. The letter will simply state that since the Constitution established a federal government of limited enumerated powers and that document does not grant them the general power to request the information, I am under no constitutional obligation to provide it.
If they attempt to distort the law and threaten me with the bogus $5,000.00 fine, as discussed and exposed above, I will send a letter to the Justice Department and request prosecution of the individuals making the threat.
The Coup de Gras to their Unconstitutional Information Requests
Even though I do not like to cite court cases, I will attach this one to my letter or hold it in reserve to support my refusal to comply with their bogus requests because it usually ends the discussion and any threat of a fine.
“Neither branch of the legislative department [House of Representatives or Senate], still less any merely administrative body [insert Census Bureau], established by congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen. Kilbourn v. Thompson, 103 U.S. 168, 190. We said in Boyd v. U.S., 116 U. S. 616, 630, 6 Sup. Ct. 524,―and it cannot be too often repeated,―that the principles that embody the essence of constitutional liberty and security forbid all invasions on the part of government and it’s employees of the sanctity of a man’s home and the privacies of his life. As said by Mr. Justice Field in Re Pacific Ry. Commission, 32 Fed. 241, 250, ‘of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers from inspection and scrutiny of others. Without the enjoyment of this right, all others would lose half their value.’” [The bracketed words added for clarification]
Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894)
Note: This United States Supreme Court case has never been overturned.
If the federal government had been granted the general power to make inquires into the private affairs of the American people through the Census or a congressional mandated survey, then the Supreme Court could not have made this statement.
Now that we know the federal government was not granted the constitutional authority to make general inquires into our private affairs under the umbrella of the Census or a survey, I hope the American people will consider engaging in some civil disobedience and refuse to comply with these unconstitutional requests.
Here is the easy, pre-written template letter that I encourage you to copy, print and mail with your Census form.
To Whom it May Concern,
Pursuant to Article I, Section 2, Clause 3 of the Constitution, the only information you are empowered to request is the total number of occupants at this address. My “name, sex, age, date of birth, race, ethnicity, telephone number, relationship and housing tenure” have absolutely nothing to do with apportioning direct taxes or determining the number of representatives in the House of Representatives. Therefore, neither Congress nor the Census Bureau have the constitutional authority to make that information request a component of the enumeration outlined in Article I, Section 2, Clause 3. In addition, I cannot be subject to a fine for basing my conduct on the Constitution because that document trumps laws passed by Congress.
Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894)
“Neither branch of the legislative department [House of Representatives or Senate], still less any merely administrative body [such as the Census Bureau], established by congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen. Kilbourn v. Thompson, 103 U.S. 168, 190. We said in Boyd v. U.S., 116 U. S. 616, 630, 6 Sup. Ct. 524,―and it cannot be too often repeated,―that the principles that embody the essence of constitutional liberty and security forbid all invasions on the part of government and it’s employees of the sanctity of a man’s home and the privacies of his life. As said by Mr. Justice Field in Re Pacific Ry. Commission, 32 Fed. 241, 250, ‘of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers from inspection and scrutiny of others. Without the enjoyment of this right, all others would lose half their value.’”
Note: This United States Supreme Court case has never been overturned.
Respectfully,
A Citizen of the United States of America
Update:
I would like to thank everyone who has left comments, assisted others and added their stories. This is becoming quite a collection of information. Apparently, there has been some discussion regarding a particular .pdf file from the Census Bureau regarding the American Community Survey and several visitors are having a hard time finding it or getting it to load. So, for your reading enjoyment, I present: http://www.TruthisTreason.net/downloads/CensusBureau2004_Griffin_ACS.pdf Please let me know if this helps.
Related Articles:
- I Spy, You Spy – Part VI, The Census Bureau
- Census 2010 – A Constitutional Response by Kevin Hayden
- World Bank Threatens “Drastic Steps Necessary” if Nations Refuse Population Reduction Implementation
- Online Soil Survey Maps – Detailed Resource for Farming & Gardening
Tiny URL for this post: http://tinyurl.com/3d3q6xx
IMPORTANT! NEW NUMBER of the Bill.
When you write a letter to your Senator / Representative for support of the known Bill to make participation in ACS voluntary (Bill H.R. 3131 ), please remember that the Bill got now a NEW NUMBER:
Bill H.R. 931, “To make participation in the American Community Survey voluntary, except with respect to certain basic questions”, Sponsor: Rep Poe, Ted [TX-2] (introduced 3/3/2011),
see
http://www.washingtonwatch.com/bills/show/112_HR_931.html
There is a website gathering signatures for an ONLINE PETITION to Congress to fight this survey:
“Stop the American Community Survey!”
The more people sign, the better chances for all of us to be heard!
http://www.petitiononline.com/petitions/STOPACS/signatures?page=1
I have been harassed also. I put a lock on my gate and don’t answer the phone, I have 1 month left before they move on to another victim .I love all of the information on this site. Another site that has also been very helpful is called notoacs, {Just say no to american community survey} Reading about other peoples experiences with this has empowered me to fight back. Both of these websites are great. Thank you Truth is treason for being here.
Thanks for providing all this great information. I started filling out the survey, then called my parents for advice. My dad immediately thought I was being scammed. Everyone is right, the ACS is way too intrusive. I will use the draft letter to mail in. I am wondering if anyone that has refused to answer the survey has actually received any sort of monetary fine? Or any other types of threats?
Thank you.
There has not been a single reported case of being fined, penalized, or otherwise having received any sort of official reaction for refusing to fill the survey out.
Cheers,
Kevin Hayden
Founder, TruthisTreason.net
How is that legal? It’s an idle threat?
Same here, Julie. I received the survey a couple of months ago, received a letter, then a postcard. Then, 2/29/12 I received my first door knocking census taker. Because I was still sleeping with my white noise fan on, I noticed a business card with ‘Please call me’ written on it taped to my front door. Hmmm….. nah.
When will he be back? Two people live in this household. That is all I am required to give them, correct? Supposed fine is 100 bucks still?
Now I just got a survey from the USDA stating that it is “Required by Law”. Does not site which law or title though.
I’m not even going to respond, just like i didn’t with the Census Survey I was being harassed to take. They are taking this to a new level of harassment!
It’s a new year and the big push is on. I also received this “Survey” in 2010/. I provided my name address and a referral to find any further information on the regular 2010 Census form. Now with the new year I have received some calls and recently been informed that my “case” will be referred to a “supervisor”.
I can only remind you all that your Liberties and Freedom are yours only so long as you are willing to protect and defend them. Perhaps we can help each other in maintaining our resolve to resist this invasion of our privacy and attack on our civil rights as United States Citizens.
I have received about 3 or 4 letters left at the house. Then yesterday I got an OVERNIGHT DELIVERY package from FedEx from them!!! How much money are they spending on this!
I have had the letter shown above ready to give them, but I don’t think they are even knocking on the door. One of the envelopes I got about a week ago looked to have been opened by someone else and then put by my door. Must have been delivered to the wrong house.
I’m just going to mail the letter to the Denver main office (I’m in Colorado Springs). Looks like they are getting pretty serious now if they are using overnight delivery. I’ll have another copy of it here in case they stop by.
I threw the first survey away, not knowing of this site. When I got the 2nd, I googled the consequences and found this site. I printed the letter and placed it in the survey and mailed it. Now the census bureau is calling. Last msg was, please give us a call at an 887 number in reference to case# ( Something ). Guess I need to get a lawyer now. This is Bullshit!
Hey Tom, I went and called the number and told them we have 2 people residing in our home. That was all the information I’m required to give them. Using Kevin’s advice, I memorized most of what Kevin gave us. They left me alone. However, be prepared the person I spoke with was real nasty. I gave it right back to her. Those calls are recorded so jot down the time you called, just watch Ps and Q’s but don’t take no crap either. The rep said she was going to fine me its some time, haven’t heard anything from them. Stand firm on your rights and the reason the survey was generated in the first place. Hope this helps, definetly understand the frustration. Ironically, we pay to have this done to us through taxes. So sad. Toni
We have been harassed by phone calls 7 days a week from 8 AM to 9PM. While out of town we returned to find a letter from American Community Survey stuffed in our door asking for us to call a local guy. I appreciate this site and the information provided. This is an outrageous intrusion on our privacy. I’m not ready to have the government’s foot in my door asking when I go to work, what I drive, how many toilets I have.
Hello Again Kevin:
It has been sometime since I wrote to you regarding the Census. I thought this would tickle your fancy so if you don’t mind I’d love to share it with you. I did however get the Census Dept to leave me alone. With much appreciated advice from this web site. We participate in Farmers Markets. Today I received another Census. 2012 National Agricultural Classification Survey. YOUR RESPONSE IS REQUIRED BY LAW. The (NACS) is required by law. If you do not reply, you may be personally visited or you may receive a telephone call. I have to Feb. 3, 2012 to respond. So now I will modify a copy of your letter and send it along with this census. What do they think of when they send these rediculous forms out. If we comply, these agencies will continue to infringe upon our rights and privacy. Toni
Wow…interesting!
I’ll have to do a bit of research on this NACS. Quite interesting and thanks for updating us, Toni!
And I agree. As long as people continue to willfully obey, the masses’ rights will continue to be infringed without question.
Sad state of affairs.
Cheers,
Kevin Hayden
Founder, TruthisTreason.net
Just wanted to say a big thank you to Kevin for this information. I only wish I had seen your site before I partially filled out the surveys. My husband and I sent them in and we have been harassed by telephone TEN times now. Last night I took the phone from my husband and of course, they cited title 13. I told them I would seek legal advice before I would answer any more of their questions. I will follow the link now to sign the petition online.
As I was reluctantly, and finally, filling out the ACS, I reached the question of how much child support I receive. Why? Also, why do they need to know how many times I have been married and the year of that marriage? And why does the government need to know if I am physically able to walk down my hall? LAUGHABLE! At the child support question I decided that I wasn’t completing it!!!
I am curious how they are getting peoples’ phone numbers? I use a prepaid service (StraightTalk – wonderful and cheap!) so there is not acct to link to me.
If they would like to drop by, they will be sorry. I will tell them to hang on and I will jump in to some revealing lingerie, heels, mess up my hair, pop open a beer, then invite them in. (Too bad I quit smoking 4 yrs ago-hence the weight gain
-but maybe I should have a pack handy to light up for them?) I am 48 yrs old, 5’4″ and 180 lbs so it won’t be pretty. I will shout back towards my bedroom, “Hang on, babe! I’ll be back in jus-a-minute!” Sounds like fun…I hope a ‘volunteer’ will visit…just to see him (I hope) or her squirm!
But, how do they get your phone number???? Scarey!
Would love to know what you find out Kevin. Please keep me posted. The form has about 5 questions on the front page. If you answer no to any of them they will update thier records. I personally feel by doing that you feed the enemy. That gives them a right-away to persue any other questions they feel like obtaining. Just not willing to submit to thier demands I guess. Should we? Toni
I’ve had the census worker constantly harassing me they called and called and called and finally got through I refused to answer the questions and he went into threat mode re: fine and the fact it was law. I ended up hanging up on him since he became extremely rude. They’ve left numerous notes and business cards on our door. He got my wife twice but she told him I was not home (truth) and they I wasn’t going to answer the questions. He said he’d be back every night till I was here. I called today told him I refuse to answer and said I’d only answer how many people live in the household which he stated was useless information for him. He said he would come by my house tonite and again I told him I would refused and if he showed up I’d call the police. He told him he’d inform his supervisor and that he’d probably drop by.. How can I get them to leave me alone. They’re starting to scare my kids.
I need more help now that I called them and refused yesterday and explained everything I’ve received a fed ex letter explaining all the same BS and that a representative will be showing up to the house. They won’t stop HELP PLEASE!!!
My next-door neighbor received this survey in Dec. 2011. She did not respond. Then Census workers started coming from Jan. 7 and kept coming almost every night for 10 days. One time 5 people came. They were very aggressive to knock her door and windows. They also started knocking other doors of this apartment. (No one answers, though.) The neighbor was stressed out and decided to move to a motel. Also, she and I went police 3 days ago and asked him if hey could stop the workers’ harassment. The officer said they would and told us to call them. Last night, I called the police as soon as the workers started knocking our doors. Different police man came and asked the workers to leave. BUT, the police man came to me and said that the workers were doing what they were supposed to do. We have to follow their request. I said him he did not understand what this survey was and how the workers were harassing us. BUT he said just tell them to leave because this was not an emergency. My neighbor decided to move. Why do we have to suffer for this? I was happy to immigrate to the US for its possibilities and freedom. But now, this is like a communism country!
Being harassed for the ACS! They went to my job!! They don’t have my correct address. Will that get me out of it! Stalking me now.
I found your article by googling the survey. Do you know if there is any correlation between filling out the survey and being audited by the IRS? I’m just curious… This survey is WAY too intrusive, especially since I have a child with a disability…It’s none of their business I feel…
Just got my second request for the ACS…..LET THE GAMES BEGIN!
Good luck, John!
Cheers,
Kevin Hayden
Founder, TruthisTreason.net
We also received our ACS in December 2010. I ignored it until the second copy came in the mail the week after Christmas. Upon opening and review, I was extremely concerned about the type of information requested and overall the general intrusiveness of the whole document. My husband and I decided not to participate. The phone calls began in early January, and we have begun to keep a log, including name, time, phone number and state of origin of the calls. All the calls come from either Indiana or Arizona and do not have a company name or identify the U.S. Census on the caller i.d. The calls have become increasingly more rude and I have noted a tone of hostility in the voices of the personnel. We have been completely polite with the callers and at the beginning of each call we have informed the caller that we have decided we will not participate in this survey. I have written e-mails to our state senators (Massachusetts) and to our local congressman but have not heard a response from any of their offices. My husband and I are not radicals. We pay taxes, we vote and we have participated in the 2010 Census as required. We will not be participating in the survey, and I encourage everyone who has received it to hold firm in their convictions.
I just cut and pasted the cover letter recommended. After reading all the blogs above re: harassment I’m wondering if there the possibility of a class action suit?
I would think there is a darn good basis for one.
To think that taxpayer dollars are wasted on this harassment and intrusion of privacy.
Just before reading your blog (well-written and thorough) I phoned the “helpline” number on the reminder postcard. Once I finally was allowed to speak to a human, she told me that I could answer any question I found “too personal or offensive” with an “R” (as in, refuse to answer). I too plan to print and include your form letter. Thank you for your work on this.
I’m being harassed to complete the UN-American Community Survey too. To be honest, I didn’t even open the letters I received from the Census Dept because I completed the 2010 fully (granted, I put down “Human” when they asked for my race, and “American” when they asked for my ethnicity, etc, etc…but still…I answered it fully and honestly…).
Then I started getting the nasty notes left in my mailbox by a Census worker. I ignored those too. Then one night, sitting at home, my phone rang. It was a local number so I answered it. And lo-and-behold, it was the creepy Census worker calling from his HOME phone number. He informed me that he had dropped by my house the day before and shown his badge to my roommate. By this time, I was pretty sick of all of this. I asked him how he got my phone number. He said that my CELL PHONE NUMBER is public record and he obtained it from City Hall. I figured he got access to it through the city’s utilities department or something…somewhere, somehow, I put my phone number on a form that was filed in City Hall, and Mr. Creepy swooped in and swiped it.
Anyway, I was tired of this so I decided to be EXTREMELY cooperative (in my opinion) and answer questions that the government already knows about me (I’m a veteran, so it has the goods on me). He had my name and phone number of course. I (stupidly) gave him my birthdate. Then he wanted to know how many people I have living with me. I told him I have two roommates. Then, he wanted all of THEIR information. I don’t know about anyone else, but I’d be really upset if one of my roommates gave out private info about me to someone else, so I told him I couldn’t provide him with anything else about them. He tried telling me he needed this info. I told him, “Look, I KNOW I don’t have to provide you with ANY of this information aside from how many people I live with.” The guy admitted to me that this was true, but that it would be so “beneficial” to me to provide this. He made up fake birthdays for my roommates and then he went back to questions about me. I think the only other info I gave him about myself was that I was a veteran. Everything else I said, “I don’t feel comfortable disclosing that information.” He started getting frustrated with me and dropped hints that he didn’t think “they” would accept that as an excuse. After my lack of answers, he moved back on to my roommates. I tried doing the same thing there, and finally he got fed up and said that he was just going to mark me as “non-compliant” and that I should expect a call from the legal department in Colorado.
Today I got a call from a weird number and didn’t answer it. I got a voicemail stating that I should call the phone number left to me in the message. I just deleted it. I’m going to try to keep dodging their calls, and if I DO happen to hear from one of them again, I’m just going to request the form (telling them I refuse to answer any more questions over the phone) and take the advice of this site and return it with the cover letter.
I feel seriously harassed and threatened by this. I, too, have wondered if those of us refusing to comply are going to be audited by the IRS. I pretty much guarantee that we’re going to go on some “watchlist” somewhere (if we aren’t already on one—I, as a veteran, am I’m sure…). Oh well and so be it.
By the way, has anyone else wondered why, all of a sudden, this survey is going out to 250,000 Americans every month? Gotta wonder if it’s for the creation and preservation of those “jobs” Obama has pulled out of his hat…just sayin’.
The collection of “statistics” is a useful function to the American People. The US Census Bureau crossed the line from “statistic gathering” to “intelligence gathering” when it began collecting “Personally Identifiable Information (PII)”. Power to “interrogate” law abiding citizens can only be granted by a Constitutional Amendment and the vote of the people. Unless the US Supreme court reviews and upholds those statutes, no one should provide any type of PII to anyone. The Supreme Court should rule that the American Community Survey is illegal and instruct the Commerce Dept to eliminate all PII from its databases. Just as mail-in ballots avoid PII, the methods for “statistics gathering” should be no less stringent.
I have combined an adaptation of Hayden’s excellent refusal cover letter, excerpts from citizen’s testimonials regarding harassment, a copy of the ACS I found online and mailed it to the Editorial Directors of the nation’s 25 largest news agencies. I have also purchased 50 bumper stickers that say: ‘Google “REFUSAL American Community Survey” as a down payment on my children’s liberty.
Homeland security and emigration control are important issues; however, the people working them cannot be allowed to trample upon our Constitution. We all know that it was just this type of information gathering that allowed the German government to carry out it’s atrocities in 1935. Although it’s hard to imagine that happening here, there are other abuses that are easy to imagine such as phone, home, and work place harassment.
So let the games begin. Got the opening salvo back in the fall, the reminders in December, and now I’m in the unlucky category of being harrassed by a CB contractor. A call at 4:15pm, another ACS form left, and then the doorbell rung at 9pm– the guy must have “piggybacked” into my secure-access building. This is trespass under the County law.
In addition to a flagrant misuse of Title 13, the Privacy Act notice for the ACS documents a *completely* inadequate program for the protection/administration for PII information (Personal Identifiable Information). There is NO Security Classification for all this information, and in the notice (Federal Register, Vol. 71, No. 125, 6/29/2006, pp. 37039-40) they also ADMIT that the database containing this information is searchable by NAME and ADDRESS. My understanding (and I work with secured PII data in another area) is the databases MUST NOT have this data at the top, but should be converted to a system number that does NOT directly identify individuals.
And I’m not even an attorney. They aren’t gearing up prosecutions for this because a) $100 fine is the only penalty authorized under Title 13;and b) they will lose BIG if this gets into court. I can’t understand how or why this got by Commerce and Census Bureau Solicitors. GAO has also been critical of the ACS, and they haven’t done a D@mn thing to revise the survey (except for adding a line for SSN numbers– HA!).
I will continue ignoring them and I know after 29 more days, they will go away. An informed electorate/citizens are their worst nightmare, and I will continue to live as a U.S. citizen with full rights and priviledges, which include not submitting to intrusive and dangerous requests from any Federal, State, or county agency.
10 years ago, I declined to answer the questions on this form and was eventually harassed and stalked via phone and knocks at the door. They would also sit out in a car for long periods of time waiting to see if I might leave the house, retrieve my mail, etc. Over the phone I repeatedly told them that I declined to answer the questions, other than the fact that I – one resident – lived at this address. The Census worker then went to my neighbor’s homes to try to get information about me. I was appalled. I had to call a police officer friend I know who called the infamous “Supervisor” phone number at the Census Bureau and the harassment finally stopped. Fast forward to now, 10 years later and once again I am “randomly selected” to answer this survey? Like I believe that garbage? I am sending back my form, filled out only with a date and the number of people living at the residence, along with a copy of the provided-by-the-web-site letter. I am fully prepared to not answer any phone calls that I do not recognize, not answer the door (I never answer it to strangers anyway) and drop all my window blinds for what…90 days? My previous experience with this was frightening and I am not looking forward to it again, but at least now I know what to expect…that said – this survey is a complete invasion of privacy and my rights. Taking a stand on this is a matter of principle.
Oh, hey, talk about timely!! The Rutherford Institute, a civil-rights non-profit out of Virginia, has sent a shot across the bow of Commerce Secretary Bryson. Here’s the cite with a pdf copy of the correspondence:
https://www.rutherford.org/publications_resources/on_the_front_lines/rutherford_institute_demands_that_census_bureau_cease_requiring_americans_t
It will be interesting to see if there is any response.
I WAS audited by the IRS for the first time toward the end of 2011 and low and behold, I recieved an ACS a couple of weeks ago! Randomly picked by address, yeah right!
Don’t want to raise the question of a bigger risk, but does anybody know the resolution of this case:
http://www.sanluisobispo.com/2010/09/22/1299599/privacy-has-a-price-tag-of-5000.html
Apparently the CB has indeed gone after somebody for a lot of fine money.
I’m just starting to get the calls. I normally don’t answer anyway, letting the machine do it. They’ve left one message, but the machine has taken another half-dozen hang-ups, probably CB as well.
If you read the story, the CB folk were simply trying out threats to make Mr. Bolton reply. He has not be served any papers, and it seems there would have been follow up if there had been anything filed. CB has NO enforcement authority– that’s DOJ’s area, and they aren’t interested.
Very interesting that the CB ‘supervisor’ was ENCOURAGING people to put false info on the forms. *That* is a big no-no. Just don’t even play.
There are still no *documented* instances of prosecution. The $5k stuff is a load of BS. Title 13 has never been amended, its the CB trying to tie in a fine from a completely different statute. Title 13, as of 2011, still caps noncompliance at $100– by Congress. *That* is just one of the reasons they haven’t prosecuted anyone (since 1996– this is a Clinton II idea here people). So they’re going for *persecution.* The other reasons involved having lots of light shining on this little project. The more you look, the worse it gets.
Was audited after a run in with a census worker over the phone. Made it clear that I did not like Obama or the intrusive questioning, that was in 2010. Got a notice a year later that I’d been audited for the 2009 return (I’m sure they also checked the 2010 return). I find it odd ’cause I only made just over 30, 000 and filed a simple 1040A..which is consistent with past years.
I’ve always felt it’s connected to the census worker.
Thank you so much for the research and post. I was concerned that the survey was even from the government and when I went to look up Title 13, I found your information.
I copied and pasted your letter and I appreciate your making it so easy to respond to the survey. I really do believe that all the information that the survey was asking for is above and beyond what the government (or anybody else for that matter) needs to know.
You are appreciated!
Thanks for the great info! I tossed the two mailings and have no listed phone number, so they have jumped right into the visits. Second home (invasion?) visit came tonight, and since I knew he was coming I posted your letter outside my door. In turn, he slid a business card in my door that states,”Your information is incorrect. Constitutionality has been affirmed by the Supreme Court..” What constitutionality is he referring to?
I suppose he’ll be back again…
Quick follow up. Doing some more research tonight, it appears that Big Brother is thinking about possibly adding even more questions to the 2013 survey including things like :
New question topics—computer and Internet usage and parental place of birth
AND
New versions of existing question topics—veteran status, period of military service, food stamps, property income and wages
The link to the full text of the Federal Register notice can be found on the Operations and Administration of the ACS page: http://www.gpo.gov/fdsys/pkg/FR-2011-12-28/pdf/2011-33269.pdf
Source: http://www.communityindicators.net/post/news,comment-sought-on-possible-changes-to-american-community-survey-in-2013
He doesn’t know. That case does stand as precedent, and CB doesn’t want this getting into court. Really, they don’t. The ACS has NEVER been through a judicial process– that is how they can still lie about the fines and the “mandatory” information.
My CB stalker looked up my LinkedIn profile, and (I should have deleted all infor when the doorbell started ringing last week) now knows where I work. So scrub your public accounts.
They are sneaky, under-handed, nosy bastards. NO you can’t have my info. Your data is NOT SECURE. Period.
Waste of taxpayers $$$ Docs that I’ve received:
1. Pre-Survey letter
2. ACS Survey #1
3. Reminder post card #1 (Reminding me that I can be fined as well)
4. ACS Survey #2
5. Postcard #2 is larger than the first and green in color. (Reminding me to send it in or reps will be at my door)
When I get to meet one of these reps, they will be greeted with me, my pistol at my side, a video camera in their face, a personal copy of the Constitution in book form and all the docs ive been sent.
I will let them know that I do not consent to this invasion of privacy and that if they do not leave the premises with the documents they sent me, the cops will be called for harassment…
If they tell me ill be fined, I will DARE THEM to fine me….. fuckin do it…
Hahaha, good luck!
Keep us posted!
Cheers,
Kevin Hayden
Ironically, I’m teaching a Constitution class this year in our Homeschooling Co-op and I’m going to use this whole experience to educate our kids on government overreach. We’re going through the Bill of Rights lately and this is SUCH a learning opportunity! What would our Founding Fathers think of how big our government has grown?
I’m going to show them the form I got, tell them about the phone calls I’ve received, and then photograph and/or film any census workers that come to my door. They don’t know who they’re messing with–I’ve learned my Constitutional rights…
It’s up to us to turn back the clock on the growth of government. With a $15 trillion debt we’re going to have to cut back on some things. I’d say this survey is a good start.
God bless all you old-fashioned Americans!
I was outraged at the audacity of snoopiness into my personal life when I read the first one I got. Now, the 2nd one is using a legally threatening tone to coax me into submission. WTH happened to home of the free? The government is making a power grab and the sheep go blindly. This is outrageous and they will get away with it. Apathy is going to let our freedom’s die!
HM, we homeschool, too. Don’t you know those founders of ‘public education’ are turning over in their graves? Students here in Oklahoma attend 180 days, 7.5 hrs/day and get free transportation to and from school. I don’t think that is what was originally intended. I could rant about this for hours. (Buy that cake mix and turn in the proof of purchase for ‘Box Tops for Education’? How ridiculous!)
This survey is wasting so much money! I am closing my curtains and not answering my front door. A worker left a card on my door the other day. I may answer the door; depends on my mood at the instant of the knocking. Will only give # of people in household. They may pursue fining me, if they wish.
All this prove one thing to me our beloved government has got so large & out of control that the right hand has no idea what the left is do. They are using US to try to tie all our information together so they can have us all by the nose hairs. Many of the questions they ask are public information. The size our land, just Google our address and bingo you can see an view of our property as well as the house. Our cars are all have current tabs, look up how many cars we have. If I have been married more than once, the means there had to be a divorce. We pay taxes on our wages so they already know how much we make, we make our our income tax, so they know all our investments. Our social security numbers are all listed, that means they know when & were we borne. IF you take a bus and buy bus passes, they are subsidized by the feds, all the passes have a bar code they they tell what time you leave in the morning, where you go and what time get off work in the evening & how many days a week you work. If you have kids and claim them on your taxes they already know how many kids you have. They know if you pay for day care. I would guess that even know what kid of T.P. we use and how much. There are bar codes on every single thing we buy. That information is all collected to re-stock stores and who is to say who else gets that information. They are just trying to force us to pull all this information together. This is so scary for our children. Keep on educating and more important teach them to THINK.
I’m currently living as an expat in China for my work, and I am rarely at my home in the United States. I recently had my mail delivered to me by a colleague and found the ACS as part of it. After some grumbling, I sat down and started to fill it out. Then my grumbling became indignation and anger. What a crock! They do not need all this personally identifiable information. This is nothing but an invasion of my privacy as a United States citizen. Ironic that here I am living in China, and essentially left alone by the Chinese government, and I stand to be harassed by the U.S. government. Before pointing a finger at China for civil liberties issues, maybe we should clean up our own act first. I will not be sending back the ACS. Ridiculous.
ACS taker would not stop harassment. It is true they send
1. Pre-survey
2. Actual survey form
3. Post survey reminder
No repeat of survey form. Who is going to fill these kind of form who is clear form of privacy intrusion. It is a very good information for those burglars.
4. Survey people come and visit your house, day and night several time including 7pm at night
5. Multiple phone call following, esp for those who doesn’t speak english, at random time day and night and as late as 8pm. Never left a message if got connected to voicemail.
6. Threat letter comes through fedex “overnight delivery” (imagine what kind of waste taxpayer are doing??).
7. Another survey person comes from Census bureau. Same person over and over again. Leaving another threat letter at the end
Unlikely this is over…. Same census person, so called government worker, but only doing harassment to poor citizen. Is this called the great United States of America?? How would it looks to non-resident who just come and visiting, it clearly brought the image of the US down.
Stop ACS harassment!!
Lawful resident of the U.S
no such census employee is more annoying than this one:
Debbie L Elkinton
Age: 64
Phone number:
office: 800-728-4748
home: 913-856-7209
cell: 913-221-7486 (sprint)
address (home)
29175 W 199th St
Gardner, KS 66030-9104
Age: 60-64
Associated: Eldon L Elkinton, Julie M Elkinton
All these above information are publicly available on the internet.
Hahaha. Well played.
Oh great, probably the one I will get when they receive mine in them mail with only the number of people in my house.
Debbie L Elkinton just started coming by my house 3/3/2012. She stopped by that Saturday continuously pounding on my door for several minutes. She then came by again the next day Sunday. However I was in the back room and have no doorbell so I can’t hear it unless im in the front. When I was reading this I had her card in my hand and noticed your warning about her. I now updated her card she gave me with the info you provided since it lacks her home number and her personal cell number. She lives very close to me apparently from the address you provided above. Most likely I’ll find her waiting outside my house after work today… sigh…. Oh well let the games begin! Thank you for the info on this site and also for the info on Debbie. I’ll be sure to be prepared for her.
This is a follow-up to my January 27th post. Since then, we have recevied two personal visits and two more letters. My refusal to participate has now resulted in our being “bumped” up to need to speak to supervisor status. She called tonight. I firmly and politely refused to participate and asked (again) that the calls cease. We will see how much longer this will continue. My letters to my “Republican” Senator Scott Brown here in Massachusetts resulted in a useless e-mail reply stating how “important” and “necessary” the information collected is and to what good use the government puts it to. I find that highly amusing, given the sorry state of things currently. My “Democrat” Senator John Kerry never replied at all. I suppose that speaks to his character on its own, without further comment. We will continue in our refusal and I will be teaching my son a lesson in civil disobedience when Ms. Eileen Moore, Supervisor, ACS Census, comes to my door by having him video record our conversation and I think I may post it for all to see.
I too, immediately wrote my congressmen. The results are on my blog. I was shocked by their responses. I am not an activist. I am an ex military nurse and was shocked by the survey and the responses by my congress people gave scared me even worse (Texas: Coryn and Hutcheson).
http://sobermack.wordpress.com/
I have not sent the form letter yet, but intend to send the letter next week when I get back from a meditative weekend. I have spent much time in prayer and meditation. Kindness and tolerance is very important to me as is staying calm and mindful of the good orderly direction which emotionalism does not give. It has been a difficult decision.This survey is not about finding those that don’t belong here. It is about spending funds that we do not have to get information we already have. It is about abuse of law and representation. It is about violation of the constitutional rights. It is flat out WRONG. There is just no other word for it.
I am linking to this page. It is the only place I am finding information concerning this atrocity.
My heart and soul are indicating that I swore to the constitution…to fight all enemies foreign and domestic.
I will stand for what is right and true. Even if others do not.I am grateful to this site for at least giving me an option. I can not express my gratitude sufficiatly.
Thank you for your words, Mack. I checked out your blog and it is most certainly looks to be a great place in which you can rant and get your thoughts out! That’s sort of why I started THIS website, but then it took on a life of its own as a news and information outlet rather than just a place for me to scream and rant in.
But, I find it soothing and mostly relaxing to type and write, regardless of the topic.
And keep up the good fight. You seem to be winning several of them.
Cheers,
Kevin Hayden
Good luck, and stay the course!
These auto-emails full of nonsense that I keep reading about make me sick. They also confirm how little our overlords feel about us lowly citizens.
Let us know how it turned out!
Mr. Hayden,
I appreciate what you are doing by sharing your apparent knowledge re: constitutional law as it relates to the legitimacy (or lack thereof) of the American Community Survey. I, like many who have blogged here have followed your advice and mailed your form letter. I like many have begun to get the many phone calls (which I have ignored or since I have caller ID, just hang up on. However, I am concerned about how severe some of the harassment is for a number of your adherents and I am concerned how far it might get for me as I have a wife and 2 children. I did not see that you responded to “Greepers” cry for help as the harassment was getting so bad for him.
This could get quite serious for a number of us if we continue to down this path that you are advocating.
Personally I would like to know if there is any bona fide legal challenge to this Survey going through the court system. If so, who is the group and/or attorney who might be challenging this AND is it in the form of a Class action suit (if a class action suit could be brought against a branch of government) and can we sign on?
With all due respect, I for one would greatly appreciate answers to these questions from you.
Good morning Kevin,
While I try to respond or help everyone who posts here, I’ve noticed that many times, fellow commenters address certain concerns that are brought up or relate their own experiences for some of the newer readers. Sometimes I miss a few as there are close to 400 comments now.
As for continuing down this path -
My advice is for you to merely fall back on the fortitude that prompted you to ask questions in the first place. The plethora of Supreme Court cases that uphold one’s privacy are almost endless and there has not been a single case – to date – involving the Census bringing someone to court for refusal. Furthermore, I believe your fellow readers could assist a bit better than I could when it comes to potential lawsuits or challenges that are currently in the works. Many of the commenters are armed with the latest information. While I try to stay abreast of any major changes or actions, to be quite honest, I have not been heavily involved in Census issues for quite some time now.
Many of these comments refer to the American Community Survey, which I did not receive this year or last. When this was first publicized, it was referring to the 2010 Census. Obviously, the privacy laws that apply to the Constitutional Census most certainly apply to the purely administrative American Community survey, and go above and beyond in protecting American citizens from intrusions and violations of their private information (persons, papers, and effects…).
I can’t quite tell you exactly what to expect. With the diverse discussions that have happened here, and the descriptions as to just how harassing some of these workers are, I can only give you general advice. What worked for me will likely not work for you, as I began to find it amusing and almost laughable each time workers knocked on my door. But – I didn’t have kids or a spouse to be concerned about, either. Being a former police officer, I also am not as concerned with strangers at my door or putting them in their place if need be. We are all different, but I would suggest that if a worker physically harasses you at your home by knocking, continually leaving material in your door or on your porch, I would file a complaint with your local police or sheriff’s department.
The very first time that one calls you or comes to your house, tell them in no uncertain terms that you are refusing to participate in this administrative survey, that you opt-out due to privacy concerns, or whatever you feel conveys the message. Get Constitutional with them if you feel the need, however it might be easiest to say as little as possible and end the conversation. Furthermore, clearly advise them that any continued visits will be considered trespassing and that local law enforcement will be called immediately.
If you have a lengthy driveway or dirt road, perhaps a gate, I would certainly post a sign declaring that trespassing is unlawful. For those in apartments or have small front yards, it’s a bit harder to prove that someone was intentionally encroaching onto your property with the intent to harass or inconvenience you. When they have to walk 100 yds to your front door, it’s a bit easier to show intent. These workers do not have any legal authority to enter your property. They are not meter readers for the utility company. They are not using old logging trails and easements to traverse your property. They are not police officers armed with a search or arrest warrant. They have no lawful right to remain upon your land if instructed to leave.
My opinion is to get local law enforcement involved because I don’t KNOW, as I said, of any cases being put together in order to stop the harassment and irresponsible behavior by some of these Survey workers.
Then again, some people have reported that they received a few phone calls, to which they did not answer, and that was the extent of the harassment. Like all functions of government, you can never count on it to be consistent!
Please let us – let ME – know if we can be of any assistance. Keep everyone else updated on this page, as there are many, many more wondering these same things but have yet to comment or write about them. Be confident that you do have the law on your side; both Supreme Court case law and the United States Constitution. As I stated earlier, draw on your initial gut reaction and confidence to give you strength, patience, and the proper temperament to endure the lovely “honor” of being chosen to participate in this wonderfully intrusive survey.
Cheers,
Kevin Hayden
Founder, TruthisTreason.net
Hey Kevin,
Check out the Rutherford Institute. They are on the right side of this issue. For whatever it is worth, we received the ACS in August 2011 and returned it with
Hayden’s cover letter which we signed as ‘Resident’. We also did return the
full survey with only the number of residents indicated, nothing else. To date, we
have received no follow-up communications by mail, phone, or in person. From
the sound of the other posts I think we were just lucky. Stick with your guns,
figuratively speaking of course. Like most government workers they would
probably do something else rather than work………..
“…figuratively speaking of course.” Hahaha. No comment!
- Hayden
Kevin and all–
This harrassment has motivated me to begin my own blog. Currently, I’m focusing on the ACS, but will eventually have other commentary.
I am extremely concerned about the Jan. 31 DHS “lexicon” and how your current letter may be interpreted. You are correct, but let’s not get anyone on DHS’s radar if we don’t need to. (And I’m convinced CB & DHS will be discussing ACS resistance, DHS could make the harrassment much worse.) I am drafting some language focused on the statutory and regulatory problems with this set up, in addition to doing additional background research and analysis.
My stalker sounded very sad on the last voicemail. I’m more than halfway through the cycle (at least, I hope so), and my non-engagement has so far been successful. I hope my story will help others in this situation.
http://snappedintoreality.wordpress.com/
Mr. Hayden,
I appreciate your sincere reply. I continually receive phone calls on almost a daily basis. As I stated previously, I either hang up or ignore the message. The only issue is that my wife is getting frustrated and concerned. I hope that someone can bring this issue to some individual who can do something about it.
I looked up the personal info on my last census visitor and delivered a head count to his home 80 mins away at 4am. I beat the shit out of his door and when he answered I tossed it in his face and told him to never bother me again.
Help, I am being harrassed by the Census Bureau. I have already answered all of their questions about a month ago and now they starting calling me again, My boyfriend asked them why they are doing this since I already had told them everything they wanted to know. They told him that they felt my answers were not totally honest. I am in shock that they would even say something short of calling me a liar. I answered every question truthfully. When they called me again last night they started asking me the same questions over again. I told them I have already answered these questions and they told me they will call me as many times as it takes to get their Census. What the hell does this mean? That my answers did not fit what they wanted to hear? It is like they want me to lie about my answers. These people are crazy! I told them who do they think they are the Gestapo? That is when the guy cut me off and hung up. My boyfriend is pissed they started calling tonight too but the answering machine picked up the call. He wants to call a lawyer to get these people to stop harrassing us. What do we do????
Well, I’m no lawyer, but it certainly wouldn’t hurt to contact one if you have a friend in the business or something. I’m not sure many lawyers are up for tackling the Census Bureau without a large retainer fee in their pocket.
Police reports for harassment are free, though. ((if that sort of law is on the books in your area, that is))
Unfortunately, I am starting to believe that lawsuits are the ONLY way to stop this nonsense. If any lawyers stumble across this comment or article, please chime in and give us your opinion on the merits.
One thing to understand, in your quest for, “Why are they doing this?” –
The Census, and especially the American Community Survey, creates jobs. If you want to call it a job, that is. But by doing this, and sending them back out 4 or 5 times, calling people who had either answered or refused, keeps hundreds of thousands of people employed. It’s politics, as usual.
Good luck and let us know what happens, Marissa.
- Hayden
Hi Kevin & all,
This is just a follow up from two weeks ago. Field Representative visits have ceased, though I have now been twice hit up by a “Senior” Field Representative, and another threatening mailing. Posting your form letter did nothing, and returning the blank packet with the letter enclosed (indicating the number of residents that live here) did nothing. It just keeps moving up the chain of command. From what I’ve gathered from here and elsewhere though, I believe this signifies that it’s getting towards the end of my cycle. I can handle 6 more days if I must.
Nevertheless, the main reason for my post today is to share some interesting reading material I found. I presume you all know the old saying, “Information is power?” Well, what more powerful information is there than an American Community Survey, US Census Bureau, Field Representative’s Manual? Gotta love Google and non-copyrighted government materials! There’s all kinds of helpful info about their processes, but what’s most pertinent to us is the information on refusal & non-interviews in chapters 7 & 8. Happy reading! Link: http://books.google.com/books?id=-UcecQAFOe0C&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false
They called me nearly every day including nights and weekends in October then…it all just stopped. Left real nice friendly messages like it “you are reguired by law to respond” and “you may be fined” etc etc etc. The federal agents may have stopped by the house when I was away. Dont know if they appreciated the leftover tagerts with all the .357 center hits or the empty bullet casings left laying around or not but I’d bet they didn’t like my 1st National Confederate flag! (No, wait…they woudn’t know what that was.)
Unclear when harassment with stop. Census worker has been coming 5-6 times per day, leaving mail, sending fedex certified letters. I am just so amused how much $$$$ have been wasted to accommodate these process and increase the rate of unemployment It is really a waste of tax $$$$, would you rather to see your $$$$ wasted like this???
I have a great idea if those GOONS start banging at your windows….line up the entire family (including the kids, grandparents and pets); as soon as the knocking begins, quickly open the blinds (or shade or drapes), form a neat row and MOON them!!
Well, if the “cycle” estimates are correct, I should be done with this harrassment as of today. I got two supervisor letters in addition to a couple more attempted visits (the front desk is on to them & doesn’t let them past anymore).
I can see how CB can escalate for single-family homes– for secured condos/apmts its much more difficult to snoop around & actively harrass people.
I read a mind-blowing GAO letter to a Congressman from 04 that just blew my mind. In one sentence GAO admitted CB didn’t have statutory authority to do what they are doing with the ACS. In the VERY NEXT SENTENCE, they then said that CB had legal authority to do the ACS. W. T. F. So they are on very shaky ground, and the high-level mucktymucks have to know it. In all the background I’ve read, including reports from statistians on making the ACS “mandatory” I’ve seen absolutely ZERO discussion about the actual content of the survey and how people might consider it completely offensive. Just stunning.
Received the “survey” yesterday, started to fill it in and decided to check the internet and came across this site. Good information. I checked with my congressman’s local office this morning and referenced HR 931. Was informed by office staff that this bill had quite a number of sponsors, but was brought up last session, never voted on (this is my assumption) and was not carried over to the next session. I finally caught an early post that it is now HR 3131. I told the staffer that I found the required information intrusive and it was none of the government business other than what I was constitutionally required to give. I asked her if she had seen the document, answer was no, but had heard from others. I plan on copy the aforementioned cover letter and then answering only the number of people living at this address as “pushing back in Reno” noted in his comments. See you all in the gulag.
http://www.scientificamerican.com/article.cfm?id=confirmed-the-us-census-b
Confirmed: The U.S. Census Bureau Gave Up Names of Japanese-Americans in WW II
Government documents show that the agency handed over names and addresses to the Secret Service
Got the first postcard advising that we would receive survey in early Feb and then a note saying that we needed to get it done (but no survey). Then the survey arrived having been originally misdelivered. Got a second survey a couple of weeks ago. First phone call last night. Just read the field worker’s manual, and found it interesting that they talk about finalizing and transmitting a case as a refusal, vs. turning it over for prosecution, etc. Nervous about dealing with the harrassment, but don’t want to answer the questions. I did email Neal Boortz with the field guide link; figured he would find it interesting. Will update with how our situation proceeds. We have a 12 year old son, so that is my only concern. Thanks for being here.
We have just received this survey and have no intention of filling it in. My husband and I are both in our sixties and are up for any aggravation from these people. Wish us luck !!!
What about Article 16 of the law? How does that affect your decision to not fill out the census? Or how about the statistics act of 1999? I ask because a friend told me that’s how their forcing people to fill this out.
I’ve also heard that they have formally pressed charges on a few families. Have any of you heard of this?
It came to my attention that thus survey is entitled American Census Survey, and not US Census Survey. My suspicions are confirmed after going to the website: http://800notes.com/Phone.aspx/1-888-419-7586. There a former field supervisor with the US Census wrote the following:
after reading some of the other posts on this page i feel the need to repost my reply at the top of this page for all to see:
just recieved the same call tonight and have not called back, but i can tell you as a former census field supervisor that no census will ask for any financial information and they will not push if you refuse anything…you are allowed to refuse information even on the original census form and there are provisions in place on how to handle those forms without any more grief to you, so if they ask for any info having to do with your finances or your home other than verifying your address then it is a scam and needs to be reported
I would not fill out the form, and report it to the Attorney General’s Office.
I just spent 15 minutes on my front porch doing the same thing I did with these clowns by not sending in the ACS, refused to give them a bunch of info that is NOT constitutionally required. She kept telling me it “is the law” “title 13″ “you have to” “your identification is closely protected” “it’s used for good”, bla bla bla. Guess what she got? A bunch of refusal to answer and my “name, sex, age, date of birth, race, ethnicity, telephone number, relationship, housing tenure, and the same for residents of my home”. Somehow the same answers I gave on the “short form” + my refusals on the other “long form” questions = ACS completed to them. Then, she has the audacity to say I’m closed minded. Smug non-thinking self-righteous self-serving bureaucrats. They can all kiss my ass. I kept explaining the constitution and she somehow thought that title 13 trumps the constitution. Although it was a fun distraction speaking with someone like this, next time, they get a simple letter…and maybe a stick drawn finger ..|.., Hey ACS…suck it!
Hahahaha.
Nice! They DO tend to be smug, self-righteous, uneducated government employees… don’t they?
Cheers,
Hayden
Well, almost made it without them finding anything other than my “name.” (Which they still have WRONG, btw– HA!) Unfortunately, my neighbor’s elderly mother thought she was talking to a “postman or something” and before I could stop her told my CB stalker how many people lived in my place, that we look “white” and an approximate age range for me (also wrong). After I screamed at him to stop, he tried to act like nothing was wrong, and then she got the idea and he left. She was upset about it (I was a lot more upset, but I get it– she’s visiting from another country and thinks we’re all ok here in the States). Finally showed the ACS to her daughter– who was APPALLED. (“I thought this was a free country!” says the naturalized citizen. “Me too.” says the born citizen.)
That was day 30 of the personal harrassment cycle.
Since then, no phone calls, but a different CB stalker has shown up three times (that I’m aware of). Tried to question a different neighbor, who shut the door in his face.
So I hope they’re done. All they got was NOTHING– it isn’t accurate, and so its useless. Next time, I’m gonna put a sign on my door announcing that “These premises are protected by GLOCK”
I feel for people who have snoopy neighbors willing to give them up to ANYONE. I feel for people who don’t have the ability to either screen visitors or prevent people from coming on their property.
This need to END.
Funny just as I was typing this comment I got another call from the Census folks.. That makes it about 10 so far and one door bell ring at 8:00am. I just found this web site, used the template letter above, filled out only the number of people in the household and mailed the letter and ACS form (with all but the one entry blank) in. I hope that makes the calls and visits go away.
Thanks for this site and the letter, really appreciate knowing I am not alone in thinking the ACS is unconstitutional.
Good to hear about another fighter! Sorry that you’ve had to endure the nonsense, but keep up the good fight, Clarissa!
You are most CERTAINLY not alone!
Cheers,
Hayden
Anymore info on the USDA 2012 National Agricultural Classification Survey? I received my second one about a week ago but my wife’s name is first this time, then mine. It has a due date of Feb. 3rd. In bold letters “Response is required by law.” There is a face letter describing all the reasons why it is important to complete the survey and a reminder in the second paragraph and in bold letters ‘required by federal law’. It also says my response will be kept ‘confidential’. Says I have within 10 days to complete and return. Hasn’t happened yet! Now what? Does this letter in your report hold true for the USDA survey? I am retired law enforcement and by state law all my personal info including addresses, phone numbers, etc. are confidential for obvious reasons. This includes my wife and children! So… where do I go next?
I received two in the mail, which I did not return. Last night I got a call from GSA telling me I was required to fill it out. I told her not according to the US Constitution. I was then informed that they would be sending me a 20 page something-er-other to fill out instead. I told them I would send it back, empty with an opt out form. Sure hope I can find an opt out form because it not I’ll have to make something up…
In Australia, all you have to do is let them know there will be NO-ONE at your residence on the night of the survey, and they will NOT leave a form at your house. You just tell them you fill it in elsewhere.
If They call and or show up in the state you live in record them.
Let them know you are recording the conversations when they call .
Answer the door with a video camera and if they sit in front of your house
record it . DRIVES THEM CRAZY .
This state that I live in as long as you say to them that you are recording . It is legal .
Erin
I got two of these forms about a month apart. Did an internet search and learned that
nobody has been prosecuted for noncompliance so I tossed them in the stove and never
heard anything more from the census bureau.
Have gotten two calls, but they got the machine on one and when the 2nd ask if this was the ______ residence, the Mrs told them no and hung up. I have read about the “90 day cycle” but is it generally 90 days after teh first phone call they quit trying to contact you?
The first call to my machine was a week ago, when should I expect to start having to answer the door in the nude with a shotgun in one hand and a camcorder in the other? (Yeah, I WILL do that)
Received two surveys and ignored them. Now the harassment has started. Census worker has been to the house at least five times that we know of since March 1. Sometimes sits in the car out front, waiting for someone to arrive or leave. So far, have avoided him. He has also contacted all of the immediate neighbors and the president of the homeowner’s association trying to track us down. I called our Congressman’s office and they said we need to comply and there is nothing he could do to help us. This is crazy. When will the stalking stop?
The 5th Amendment is the answer. Get the Census Taker to admit that incorrectly completing the questions could be a crime. Use your right to take the 5th and REMAIN SILENT. You can chat with your local police, in advance, to see if they understand private property rights and will enforce trespassing laws. You also have the right to file a private criminal complaint against the Census Taker for trespassing and harassment. TELL the Census Taker that you are video and audio recording them. Video the Census Taker’s car and license plate for identification. Do NOT video a cop as this will make him angry. On EACH call, TELL the Census Taker that you are recording the telephone call. REPEATEDLY assert your 5th Amendment right and then SHUT UP and REMAIN SILENT. Call the police only if you have already confirmed, in advance, that they will enforce your right to have a trespasser get off of your property. Always be polite but firm and then be SILENT.
I asked the arrogant “Census Taker” if people refused to provide all that personal information. He said that it was a crime to refuse. I asked if it was a crime to answer with incorrect, erroneous or incomplete information, and he declared that it certainly was a crime. So I informed him that I was claiming my 5th Amendment right and remaining silent.
He was stunned and then said the law requires me to answer, the law outweighs the 5th Amendment, and that I have no 5th Amendment right. I replied that he had stated it was a crime to answer incorrectly and so even if I made an innocent error I could be committing a crime and thus I would remain silent. He demanded that I answer and I demanded that he leave.
Since then I had to videotape his return visits and call the police. The discussion with the police was interesting. Ultimately the police agreed that even the police can’t compel information from someone who has taken the 5th and so neither could the Census Taker. The Census Taker made a big mistake by arguing with and being rude to the cop. The cop didn’t like the belligerent attitude and told the Census Taker to get off of my property or be arrested for trespassing. The Census taker had to retreat.
That’s halarious! HEHE.
An attorney might take a case against the Census creep for exceeding their authority, trespassing, window peeking, making threats and upsetting the kids. Only use a contingency fee and never pay an attorney up-front or you will kiss your money goodbye.
Your Congressman is worthless. Congress is the source of these problems. If you read about Congress you will see that they have no concern for you or your family, they disregard the Constitution, are for sale to the next lobbyist, are exempt from the laws they pass for the rest of us, and waste lots of taxpayer money. You mean nothing to your Congressman. They only want you to submit as that is how they get their power. Stop voting the same people back into office again and again!
The letter describing all the reasons why it is important to complete the survey, is why it is important and helpful to the government. So they can use the information against you. It is never helpful to you!
I would not send them any letter or reply at all. Anything you say can and will be used against you. I like William’s idea to just use your right to the 5th amendment and be silent. Most people just can’t shut up. Here is why you want to take the 5th: http://www.youtube.com/watch?v=6wXkI4t7nuc YouTube and search 5th amendment.
As Marissa says (Feb 22, 2012 ), – Even if you do tell them everything, it will only be used against you. Your answers give them a reason to continue to call and hound you because they don’t feel you were totally honest! So don’t tell them anything! If you make an honest mistake on an answer you might be accused of causing a crime. Best to say nothing in such circumstances.
As VVV says (Mar 02, 2012) the US Census Bureau did in fact provide the names and addresses of Japanese Americans so they could be put in prison camps during World War 2. Similar agencies in Germany helped Hitler exterminate his opponents. The Census is the government, so certainly they are going to share your private information. How are you going to stop them once they have the information? If you are dumb enough to give it to them then you already lost. When does the government ever obey the law? When does the government give you any information? All the government information is secret and you aren’t allowed to know.
As ERIN says (Mar 12, 2012) you should video record them, but some state laws require informing them that you are audio recording too. So to be safe, inform them that you are video and audio recording their visit. Inform them if you record their phone calls.
William (Mar 13, 2012) is right. There is no sense in trying to talk to these Census bullies. Take the 5th and then be silent. You forfeit your 5th amendment right if you keep talking! So be quiet, shut-up and simply repeat that you have taken the 5th and the right to be silent. Don’t blab on, as what you say can and will be used against you. There is no point in arguing with these scum as you are not going to change their mind. So tell them that you have taken the 5th and that the conversation is now over, then hang-up the phone or close the door.
There is a nice group or community of people here, which could fight other issues too. With all the websites and blogs it seems that no one has yet organized the people into a coherent force to oppose injustice. We all must work together. I hope to see a group develop somewhere soon.
Yes, I wish we could get a group developed. I am ‘hiding’ in my own house. Today, alone, the senior field rep has been here THREE times so far. Next time I think I will audio/video and take the 5th then close the door, as mentioned.
I have to agree with the rest of you who advocate silence. Again, AS STATED IN THEIR OWN HANDBOOK in sections 7 & 8: http://books.google.com/books?id=-UcecQAFOe0C&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false, one of the options they have for people who refuse to answer is to mark the address as a “Silent Refusal.” There is nothing , anywhere, indicating prosecution for non-compliance besides in the propaganda that they peddle to you. If refusing to participate was such an illegal activity, they would have a process outlined in their own training manual on how to handle us “deviants.” As for me, it’s been three and a half weeks since my last contact from one of these ACS goons. I have heard nothing more. Moreover, why haven’t I been prosecuted for refusing to answer these questions? It’s because the whole thing is a farce…a bold faced lie…a ploy to pump the public for information. They’ll try their damnedest to get you to crack, but ignoring them works.
http://www.census.gov/acs/www/library/by_year/2012/
And voluntary ACS participation would be more costly? What a huge waste of $$…. And our deficit is how much.
I wonder when they are going to stop coming to my door.
Well, they didn’t come to my door today , but….. At 7:10pm rec’d a call and voicemail.
who gave them my prepaid phone number? She was trying to get me to confirm everything – surveys in mail, letters reg. mail, Fed-X letters, Mr. Beltower visits, his supervisor visits. I told her I had given a written statement (THANKS HAYDEN!!) to Mr. B and asked if she had that noted. ‘No.’
‘It was given to him, 2 people live in this house, and I continue to take the 5th fto every single question on the survey.’ She tried to talk me into answering many, saying the ones I thought too personal, I could refuse to answer. It’s important for the community……blah, blah, blah. It was apparent she was reading from her manual.
“2 people live in this house. On every question I take the 5th. Cease and desist (sounds impressive? LoL!), including home visits and calls to this number, or it will be harrassment and trespassing. I am now ending this conversation” I hope I am done with these dipsh!ts!
ho-hum. The supervisor guy from a couple of days ago appeared today! Told him (her supervisor), as Ms Coker was told last night, I take the 5th on all of the questions. He tried to talk me in to answering at least some questions so he wouldn’t have to show I refused. Huh? as I chuckled in disbelief…. “Well, so exactly how many questions would it take for it to show me as in compliance? ” Good grief. Restated taking the 5th Amendment to answer each and every question other than 2 people reside in this house. He threw the $5,000 fine that will result from not answering his questions. I told him to stop coming to my house and stop calling – trespassing and harrassing. He used his finger to pound on his binder and said that I could call the police and he “will just show them my orders and they would allow me to walk across my property to pound on my door.” WTH? I am so tired of these bullies! (BTW, anyone heard of people actually being fined yet? Hope not. I don’t want to fight them – ? – on that eventually, too!)
Today is March 15, 2012 and once again I am receiving phone calls from those claiming to be the United States Census Bureau (Called ID confirms). They’ve called approximately twenty times in the past two weeks (I was traveling).
They told me this survey is mandatory and that I must confirm my address to my telephone number. I told them I filled out the form in 2010 and stop calling me. They said they’re just going to keep calling back because it is a mandatory survey. Does anyone know what gives? Besides shutting down my landline, is there anyway to stop them?
I found this article on World Net Daily which also seems to indicate that the Census Bureau does not prosecute people for not filling out the American Community Survey. http://www.wnd.com/2011/03/275041/
Being harassed by Census Bureau because I didn’t answer personal questions on ACS. First the threatening mailing, then the reminder. Then I filled out the basic stuff, headcount, ages, etc. Asked year of house and electric bill costs and I became offended they would ask such things. Skimmed through to see it only got worse and more personal. Sent it in with only basic info. Received a call. Asked that lady where in the Constitution it stated I had to tell her what year my house was built. She stammered and asked if I was a refusal. I said yes. Got another call, voicemail, asking me to return their call regarding case # whatever it was. Called again wanting answers, she again threatened it is “required by law”, I said “no it’s not” she said “yes it is” I said “no it’s not” she said “I’m not going to argue with you”, and I hung up on her. If they come to my door, I’m calling the cops. This is harassment. It isn’t even census year. Please, vote for presidents and senators and representatives who stand for SMALL GOVERNMENT or this will only get worse.
Thank you so much for this info — I’ve lost count of how many personal visits — maybe up to six or seven now? — but am now up to the supervisor level. My landlord has agreed to not tell these people anything but has been harassed, as his office is below my unit and he is generally around during the day.
I worked for the “real” census in 2010 and the operation is a clusterf*** — from selecting only the smartest applicants, then training them as if they have the intelligence of a doorknob to refusing me further work because I was unavailable to be retrained for FOUR MORE DAYS so I could count “regular” people instead of the transient hotel population, with the same damn form.
The direct result of my ACS experience: I’m voting in the heavily Democratic City of Chicago today, and will be pulling a Republican ballot, JUST to vote for Ron Paul.
Was also threatened by a rep from the Census Bureau about 2-3 months ago. Wish I had found this site sooner, but so glad to have this bookmarked now! Gotta love dummies that flash a badge and think they can scare you into submission.
We have just had our second letter and are standing strong on this one……we will not fold !!!
I know my rights. Refused to fill out the form went straight in the trash. Next they came a calling and I told them to get lost. Next came another census because I’m a business owner wanting to know all about income/employees etc etc. Again the cycle started up. Once a month they come a calling. First I told the person to simply F…..K Off. There’s no way in hell the government is going fillet my life and then come back down the road and tax /screw me some more.
Now they send a very nice lady. She is resigned to the fact that she isn’t going to get anything so we talk about the weather, have a laugh and that’s that.
They will take an 8 month break and start up again for 4 more visits in 2013. Bring it on. Send your worst. There’s a shit storm waiting just inside. Oh just a note about myself. I am Welsh born and bred. I became a legal American citizen 10 years ago. (Sworn in at Mount Rushmore no less). Anyway we Brit’s really hate the government in all it’s many monstrous forms. No matter where I live I will always fight these blood sucking bastards on just about every level.
Well said……we are currently being terrorized!!! Fight the good fight
‘
We had at least ten visits from two different census people in a three week period. Thank goodness we were out of town the last week. They kept bugging the neighbors too and left notes on top of notes on the door. The last note said “today is the final day to complete your survey”. That was a week ago, haven’t heard anything since. Hoping they don’t come back. The harassment is ridiculous.
Hi Hayden,
I just received the ACS and want to inform everyone that they need to call or contact the Rutherford Law Institute asap. They have started action and posted the following (see below) a few days ago.
If there is any hope of legal action against the ACS the Institute needs everyone to let them know. This is a serious issue in which bullying and harassment has now become standard practice. I am your average English teacher and can’t believe the terrible questions they ask me. Please everyone call and sign up with them today!
https://www.rutherford.org/publications_resources/on_the_front_lines/rutherford_institute_issues_final_warning_to_census_bureau_over_forcing_ame
Here is a brief part of their info:
On The Front Lines
Rutherford Institute Issues Final Warning to Census Bureau Over Forcing Americans to Complete Highly Invasive Surveys Unrelated to Census
March 22, 2012
WASHINGTON, DC — John W. Whitehead, president of The Rutherford Institute, has issued a stern warning to the Census Bureau that Institute attorneys are prepared to challenge the American Community Survey (ACS) as an unconstitutional overreach by the agency on behalf of a large number of clients who object to being forced under penalty of law to complete the highly intrusive and expansive questionnaire. Whitehead’s warning comes in response to a letter by Census Bureau Director Robert Groves, in which the agency head justified the ACS as providing information “that can be useful to private industry, and private entities”—a justification, noted Whitehead, that will not pacify the countless individuals who have voiced their objections to the intrusive questionnaire, as well as the harassing tactics of Census Bureau workers.
“There is no way that those who founded this country would have authorized the federal government to incessantly or perpetually demand, under penalty of law, such detailed information from the American people,” said Whitehead. “Indeed, the American Community Survey contains some of the most detailed and intrusive questions ever put forth in a census questionnaire, concerning matters that the government simply has no business knowing, including a person’s job, income, physical and emotional health, family status, place of residence and intimate personal and private habits.”
Unlike the traditional census, which collects data every ten years, the American Community Survey (ACS) is sent to about 3 million homes per year at a reported cost of hundreds of millions of dollars. Moreover, while the traditional census is limited to ascertaining the number of persons living in each dwelling, their ages and ethnicities, the ownership of the dwelling and telephone numbers, the ACS is overly expansive, asking questions relating to respondents’ bathing habits, home utility costs, fertility, marital history, work commute, mortgage, and health insurance, among others.
I received the ACS survey initially in Dec. 2010 and then postcards reminding me about it, a second copy, and eventually a FedEx. There was no way I was going to answer the personal questions and after researching the outrageous ACS on the internet, I chose not to respond at all. After the first call from the ACS sometime in Feb. 2011 (no one was home), I contacted my family & friends and told them that I would no longer pick up the phone, that all calls would go to voicemail. Then I received several more phone calls from the ACS and I did nothing. Then I had a personal visit by an agent who left yet another copy and a hand writen note asking me to contact her (I was at work). I responded to her note with a note that asked her to tell me what article in the US Constitution required me to fill out such personal information and left it at my front door. I then left for a 3 week vacation in May 2011. When I returned, the packet with both notes was still inside my screen door and I was getting ACS calls. I was tired of the waste of $ and so I called her and left a message stating that I participated in the 2010 Census and would not participate in the ACS without being shown specifically where in our Constitution it is required. After my call, I have not been contacted in the past 10 months. I just refused to respond period!! Maybe the agent with my case was not as persistent as others.
I also wrote my Representatives and Senators and just got their automatic responses. Good luck to us all!!
Have not been able to read the latest comments for the last week — they appear all jumbled over each other and with a black background. All of them after Cyndi on Mr 16 at 7:14 PM.
Is this my computer or the website? Would love to see what others have written. Thanks again for the information…they are STILL trying to find me; can’t wait till the siege is over.
Received postcards around Xmas telling me the survey was coming. Assumed it was a scam. Could NOT believe it was for real. Received the first survey and just ignored it.
The second one arrived and out of guilt, I started to fill it out…but just could NOT with all the private info they wanted. (My birthday??? Really? how is that relevant??? and if it’s “anonymous” why are they asking for my name?) Found this site and others and it really gave me the confidence to feel that I could fight it.
The phone calls started and I followed the advice of “Lazarus” I read on another blog…be firm, but polite, and don’t let them think for a second that you will “cave”.
I told “Rachel” that there was NO way I would fill it out…that I had been a victim of identity theft and would NOT give out any information and just to save everyone from wasting any more time, to put me down as a “refusal”. I thought that would be it…but no. The second one who called a week later was snippy and I said all the same things to her. She said I could just skip the questions I didn’t like…I told her I didn’t like any of them. She said “I will mark you down as a “refusal”. I said, great…then are we all done here? She said,” No…now I will refer it to the Justice Department” !!! I said “are you threatening me?” She said “no, that’s just our protocol…have a nice day” and hung up really quickly. Two weeks later I received a letter that said they understood that I had some fears about my information staying confidential, but that it is very secure…blah blah blah and please reconsider and send it in. It’s been 4-6 weeks now…no visits..no more calls…for SURE it has been more than their 90 day cycle…so I think that I made it. I cannot imagine what the rest of you are going thru with all these home visits. Lots of talk these days of “stand your ground”, and now that we can see what their manual advises, anything that goes beyond that, I believe we can call them on it….chapter and verse.
We received the postcards around New Year’s, and the Census guys finally stopped harassing us after March 20th, so you should be okay too. Hope so.
What is this “90 day cycle” you people speak of? I received my packet before Christmas, got the phone calls for about a month and a half – up until about 1 – 2 weeks ago, and received my first visit today, from a Maria Trujillo. She seemed shocked when I treated her like a salesperson and told her I wasn’t interested just before shutting the door in her face while she was attempting to tell me “it’s not about whether you are interested or not”. I guess the real fun is just starting. Thank you for this website Kevin, I’m sure I would be a little freaked out right now (or worse – giving in?) if not for reading everyone’s stories.
I can’t find anything (other than what is written on here) about the 90-day cycle either. I’m curious to know where this info came from.
http://www.cxliv.org/2006/02/03/american_community_survey.php?page=all#c249084
This is another website I was following. “Cathy” talks of there being 30 days of paper correspondence, 30 days of phone calls, 30 days of visits and then they close your case and are on to their next victims. Give or take….90 days.
Still receiving visits as of 4/14, that makes 120 days of harassment so far.
Well i just got my visit tonight. A Mrs. Kubovec knocked on my door tonight. I told her i had no interest in doing this Census and i had already done my duty and filled out the first real Census. She smiled and told me that we needed to do this one for schools, money, and roads. I stopped her there and stated i had no interest nor the time to do this census. I was told she would be back in a week to do it if i don’t contact her this week. She said something about a fine if i did not do the census. I asked her what the fine was she said The fine was $250,000 dollars and 5 years in prison. I was shocked and asked her to repeat it in case i heard it wrong. Nope i heard her right the first time. What the hell? 250 thousand and 5 years in prison?
This tops all the posts. We also have gone through the two mailings and constant phone calls. Then while gone the past few days they must have gone to our home and again left phone messages. THEN SOMEWAY they “found” old oldest married bank manager son’s cell and called him to ask where we were and why we have not returned their calls. He had no idea what they were talking about and hung up on them. They tried to call back but he will not answer his cell. He is 39 years old, married for ten years, two children and not lived in our home for 14 years. WOW the power or gull of this group!
OMG – our government has run amuck!!!!
– it would END MANDATORY PARTICIPATION in the American Community Survey. Basically the article says that our local policymakers in Vancouver Washington think this bill would make the data unreliable and they use that data to “plan for the future, equitably distribute services and measure progress on a variety of benchmarks”. Making the ACS unreliable would cause local Governments to do a sample survey themselves and that would be very expensive according to this article. Claims are that the current response rate is 97% – 98% and if they make it optional the response rate would decrease by at least 20%. In order to keep participation rates the same, Congress would have to invest $66.5 million per year to make home visits to unresponsive survey residents in order to persuade them to respond according to Census Bureau director, Robert Graves. “The American Community Survey is our only tool for tracking a wide range of demographic statistics in Clark County on a consistent basis…”….according to Scott Bailey, regional ecomonist for the state Employment Security Department.
On March 25th, our local newspaper had a headline “Census data’s flow could slow” – second headlline “Bill to guard privacy troubles policymakers”. The article mentions HR 931 (by US Rep Ted Poe – R-Texas) currently referred to the House of Rep. Subcommittee on the Constitution (see http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.931
Sorry this is so dry, but we need to CONTACT OUR REPRESENTATIVES and tell them we support HR 931!!! This article was nothing more than trying to justify an obtrusive government survey. I would like to know specifically what questions they need to ask that are not already in the 10 year census – it is just BS!! And then the Census director mentioning the cost “to persude them” – so that’s what they call harrassment!
Hayden – is there any way you could draft a letter we could send to our Reps about the need for HR 931 and perhaps even send out a petition?
We need to get these bums defunded. I’m contacting my congresspeople and senators, also Paul Ryan.
Please do the same.
Good news! Rutherford Institute has issued a stern warning to the Census Bureau regarding ACS.
Thanks God, we have a serious organization that migh be able to protect us from this outrageous servey! Many thanks to those brave Rutherford people!
https://www.rutherford.org/publications_resources/on_the_front_lines/rutherford_institute_issues_final_warning_to_census_bureau_over_forcing_ame
i find it ironic that every institution now is required to give you a privacy notification that your information will be protected and kept confidential yet the ACS continues to Invade our privacy in such an invasive way. Its a shame.
are these the jobs that are said to be created by the administration? what a lie.
thank you for all your feedback.
lets take a stand together to preserve the freedom and justice upon which this country was founded.
Tremendous issues here. I’m very satisfied to look your article. Thank you so much and I am taking a look ahead to contact you. Will you kindly drop me a e-mail?
The following in itself can keep anyone off your property by presenting them with the signed trespass notice. Basically from what I am reading below that all you have to do is tell the person there trespassing and present them with the below.
This has to do with the Bill Of Rights Of The United States Constitution Amendment#4
You can get this in PDF format just by searching the following phrase:
when can a public official trespass upon private property?
TRESPASSING
INCLUDING ALL PUBLIC OFFICIALS
OR AGENTS THEREOF:
This is to put you on notice that the Owner or Tenant of this property requires that all Public Officials abide by the provisions of the Supreme Law of
the Land
THE CONSTITUTION
of the
UNITED STATES OF AMERICA
Bill of Rights
Amendment Two:”the right of the people to keep and bear Arms shall not be infringed”
Amendment Four:”the right of the people to be secure in their person, houses, papers, and effects, against unreasonable searches and seizures shall not be violated:
ANY OFFICER OF PERSON WITHOUT CONSENT OF THE OWNER OR TENANT WHO ATTEMPTS TO ENTER THIS PROPERTY WITHOUT A
PROPER WARRANT AS DESCRIBED BELOW WILL BE TREATED AS ANY OTHER INTRUDER WOULD ATTEMPTING TO TRESPASS, EXTORT,
INJURE, OPPRESS, THREATEN, INTIMIDATE, OR IN ANY OTHER WAY JEOPARDIZE THE RIGHTS OF THE OWNERS OR TENANTS OF THIS
PROPERTY
THE UNDERSIGNED WILL THEREFORE REFUSE TO PERMIT ANY SEARCH, AUDIT ASSESSMENT, OR INSPECTION WHATSOEVER OF THIS
PROPERTY WITHOUT THE PRESENTATION OF A PROPER WARRANT DULY SIGNED AS DESCRIBED BY CONSTITUTIONAL AMENDMENT IV
“AND NO WARRANT SHALL ISSUE BUT UPON PROBABLE CAUSE SUPPORTED BY OATH OR AFFIRMATION AND PARTICULARLY DESCRIBING THE
PLACE TO BE SEARCHED AND THE PERSON OR THINGS TO BE SEIZED”
VIOLATORS MAY NOT BE FINED MORE THAN $10,000 OR IMPRISONED NOT MORE THAN TEN YEARS OR BOTH USC TITLE 18 SEC 241 & 242
We’ve received a handful of letters along with 2 copies of the forms and 3 personal visits. I now have personal information on my Census stalker such as home address, number of children and the fact that it was 1 year ago on 4/12/2012 that she buried her husband. I hope for her sake she doesn’t push me too far.
Thanks for all of the helpful information. When we received the ACS, we thought it was a scam and could not believe our government would 1) ask for such personal information; and 2) waste so much time and money on this survey. Your website was most helpful in understanding what the ACS is and what to do. We are returning our survey to them with “Refusal” written on it along with a copy of your cover letter. I sure hope that ends it for us.
Going on month 4 here. I was expecting someone yest. and the knock was timid (instead of the aggressive Ring and try to break the door down MO they’ve used) so I opened it. Her name is Lillie. I told her it was nice to meet her but that I would be shutting the door now. She then started giggeling the door handle and stuffing things threw the door again. I waited until she was about done. Opened it and handed it back to her. She did it a total of 3 times. The last time she stuffed a hand written note stating my fine was now up to $5000. She went to my neighbors and they laughed at her (all military). She was so rattled she then backed over my trash cans on the curb. My neighbors came over and informed me of what she had just done and checked out the cans for me. They were very upset with her and wanted to call the police. She sat there for 30 minutes blocking my driveway and watching us. I walked out with her last note and placed it in the trash can that she was sitting by.
I have been “hiding” for the last 4 months. I’m done. I am a US citizen and will no longer stay cooped up in my own home. We as a community made ourselves known and I feel very grateful for that fact. The Constitution is alive on THIS block. A wonderful lesson through all of this I think.
I am needing help with this also. I do not know what they are calling it but last fall a woman shows up at my house and leaves form stating she is from census bureau. I was not home. Then I get a phone call telling me she is returning. That she does. I see census bureau tag hanging from her neck and it looks legit. She asked basic questions about how long i have lived there, blah, blah, blah. I am not liking this at all. I asked her what this was about and she said all this info would end up on President Obama’s desk concerning unemployment in the usa. It still does not hit right with me. I am told I will get a call each month by worker asking questions and this will last almost one year. I got first call and answered questions. Next month worker calls and even asks about interest I get from iras and other info about my private life I do not like and I told him so. It was then I decided after listening to him and his telling me i had to answer the questions that I decided I would not go through this again. They called again two days ago. I said I did not like this and that info was still the same and would not be changing. She became rude and said are you not going to answer the questions and I said absolutely not after the previous invasion of my personal life by the census bureau. The woman called again yesterday and I am already sick and can barely talk and she begins asking questions again. I said nothing has changed and I will not answer any more of their questions. Are you refusing I was asked and I said I will not go through this invasion of my privacy again. I know it was census bureau because it was on caller id. How much of this do we have to take. I resent our government doing this and how is it helping our president to learn about unemployment situations in this nation??? They can arrest me if they want but they will get no other info from me.
Wish I would of saw this website before I complete that survey. I felt like I had been raped. You know what I mean. Such an invasion.
3rd visit from census worker Maria Trujillo today. She left many forms outside the door, including one that read “shall be fined not more than $1,000″ (last weeks note stated “up to $250,000). She also left a hand written note – “just so you know I have to close out this case next week. You may be fined.” I sure am going to miss her. I’m thinking of answering the door next week and telling her I will fill it out and have it ready for her next week just to drag this out a little longer.
Hahaha!
Get her a cheap bouquet of flowers or something! A “We’ll Miss You!” card?
Cheers,
Hayden
https://www.youtube.com/watch?v=JsTI8XcSu2Q
Please watch The Pros & Cons of Making the Census Bureau’s American Community Survey Voluntary
https://www.youtube.com/watch?v=JsTI8XcSu2Q
I partially completed the ACS form and sent it in. After a month or so another form arrived. Threw that one out. Then the calls started. About 40 calls total. Shortly after that the personal visits started. But what happened on the last visit really pissed me off. We’re having dinner at about 7:30 pm on a Saturday night. The door bell rings and then a loud knock at the door. We didn’t answer because we were eating dinner. Then I see a woman standing in my BACK yard staring into our very private REAR patio. She was had walked approximately 100 feet from the public sidewalk and between two houses into my BACK yard!!! I confronted her, asked her who she was and why she was trespassing on my property. She only told me she was from the US Census Bureau and gave me no other info.While I was physically escorting her off my property I told her she had made a conscious decision to trespass on my property, had violated my 4 th Amendment rights and invaded my privacy. I then told her to get the %&*^ off my property and don’t even think of returning. In her haste to leave she dropped a business card with her name on it. I am writing a letter of complaint about her to the US Census via certified mail but am also seriously considering hiring an attorney to go after them for this one. Ringing my doorbell is one thing but peeping in on us in our very private BACK yard is a flagrant violation of the 4th amendment.
We have just had our third phone call as of yesterday. The 2nd phone call I took and was told twice that I am breaking the law, my reply was “so be it” My Husband and I are both in our 60s and find all this very stressful, but we will continue to NOT answer any of the questions. It would be interesting to know where everyone is from and where these forms are being sent, we are in East Tennessee
I just received my first form in the mail. I feel just as angry about as everyone above, and my gut is telling me this is all wrong. I’m angered that my refusal to fill out such a form may cause me and my spouse hours or days of frustration and stress. I noticed that you first posted in march. I really do not want to have anything to do with this survey. Do you feel like it was worth opting out with all the harassment you’ve experienced from these people? I’m afraid I may not be able to exhibit the type of patience with these people as some of the above had. Should I just send it back with all lies??
Listen to your gut. It was worth it for me.
Cherry as we await our first visit I can assure you that we are vigilante and will not fill this form out.
Cherry we will continue to fight this rubbish even though we are finding it stressful. We have to be strong
Hyden,
I received the form recently. Today, I was about to fill the form, but as soon as I saw the question regarding toilet, I sense something wrong. Even as a immigrant from a country with less human rights, I have never seen any government survey that is so personal and intrusive. So I googled it and found your site. I think your analysis and response is inspirational and empowering I wonder if you or anyone who is visiting this site is willing to start a petition in http://www.change.org. It’s a petition site which has lot of success stories. I am not confident on starting such petition but I will certainly be the first the sign and spread the words.
I (we) got the survey yesterday. I am grateful for the info in the article and how to fight this. I will be returning the form with the suggested cover letter and feeling more like a patriot than ever.
I have read the BLOG here with great interest, as I have just received the ACS and am incensed by its invasive character. I checked out the sections of the US Code referenced by Kevin, and I found his interpretation, particularly of the Title 18 Sections to be very illuminating. However, his conclusion that the $5,000 fine is bogus may not be correct. If you check out the Title 18 Chapter 227 Subchapter A – General Provisions Section 3551 which preceeds 3559 and 3571 amongst others, it states: “Except as otherwise specifically provided, a defendant who has been found guilty of an offense described in ANY Federal statute…….shall be sentenced in accordance with the provisions of this chapter, etc.” To me, that means that Title 18 does apply to Title 13. Even more concerning, when you look at Section 3571, it not only says that an infraction (defined as an offense garnering a jail sentence of 5 days or less or none) is subject to a $5,000 fine, it also goes on to say “If a law setting forth an offense specified no fine or a fine that is lower than the fine otherwise applicable under this section and such law, by specific, reference, exempts the offense from the applicability of the fine otherwise applicable under this section, the defendant may not be fined more than the maount specified in the law setting forth the offense.” It took me awhile to figure out the flow of that sentence. It means that because Title 13 does not specifically mention an exemption from Title 18, then Title 18 overrides! So, what seems to remain is the fact that the Department of Justice probably couldn’t be bothered – I hope. I’m going to take that risk, because we’ve got to stand for our right to privacy. So much of it has already been eroded just by the very nature of modern daily life. Not only that, but the Constitution trumps all Statutory law as far as I can ascertain.