A trial judge in Washington, D.C., seems wary of ordering the Trump administration to hand over documents by early next month on officials’ plans to exclude undocumented immigrants from the population count used to determine congressional seats.

Attorneys with Wilmer Cutler Pickering Hale and Dorr filed a public records lawsuit for the documents last month on behalf of the Brennan Center for Justice at the New York University School of Law, and are now seeking a preliminary injunction to obtain some of the records by Nov. 2. But U.S. District Judge Timothy Kelly of the District of Columbia was skeptical of their arguments for such an order during a telephonic hearing Friday.

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