Trump advocates for an amended U.S. census, one that excludes individuals residing unlawfully, marking a potential first in such matters.
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The Trump administration has proposed a new census in 2030 that would exclude people living in the country without legal status, a move that conflicts with the constitutional requirement under the 14th Amendment to count the "whole number of persons" in each state.
The 14th Amendment mandates that the census include all persons, regardless of legal status, for purposes such as apportioning representatives in Congress and determining votes in the Electoral College. The Constitution (Article I, Section 2) and the 14th Amendment require an "actual enumeration" every 10 years of all residents in the states to determine congressional seat apportionment and electoral college votes.
Historically, the census has included everyone residing in the U.S., including undocumented immigrants, since the first census in 1790. Excluding undocumented immigrants would mark an unprecedented departure from this practice and likely challenge constitutional requirements.
Legal experts and previous court rulings reflect that the president does not have sole authority to redefine the scope of the census unilaterally. Efforts during the prior Trump administration to add a citizenship question—aimed at identifying legal status—faced litigation and were eventually blocked by the Supreme Court. The Court declined to rule on whether undocumented immigrants could be excluded from apportionment counts but did stop the citizenship question from being added to the 2020 census.
The Census Bureau begins planning for the decennial census many years in advance, with comprehensive, multi-phase fieldwork and data collection designed to count all residents as required by law. Trump’s call for a "new" census using election data raises further questions about conformity with established census practices and constitutional mandates.
A bill introduced by Rep. Marjorie Taylor Greene calls for excluding noncitizens from the apportionment numbers and a new census before the 2026 midterm election. Other Republicans in Congress have reintroduced bills that call for excluding either people without legal status or all people without U.S. citizenship from the 2030 apportionment counts.
The 2026 Census Test is a major field test for the 2030 census plans, scheduled to take place in six areas in the South and West. The Census Bureau is set to start recruiting this fall for temporary workers to carry out the "2026 Census Test."
It is important to note that the Constitution empowers Congress, not the president, to carry out the census. Title 13 of the U.S. Code directs the secretary of commerce to follow a once-a-decade census schedule. The Supreme Court declined to rule on whether people without legal status can be excluded by the president from apportionment counts.
The bureau's researchers have warned that attempting to produce neighborhood-block level citizenship data with a new census question would be "very costly," harm the quality of other demographic statistics, and yield "substantially less accurate" data than information available from existing government records.
In summary, the Trump administration's proposal to exclude undocumented immigrants from the 2030 census appears inconsistent with constitutional requirements under the 14th Amendment and Article I regarding enumeration for reapportionment, and it is likely to face significant legal challenges based on those grounds.
- Recent news regarding the Trump administration's proposal for a new census in 2030, which excludes people living in the country without legal status, contradicts policies and legislation based on the 14th Amendment, potentially leading to conflicts in areas like politics, crime, and justice, general news, and war and conflicts.
- Policymakers and legal experts question the political implications of this move, as it could impact diverse sectors, such as technology, car accidents, fires, and the election process, including votes in the Electoral College and the apportionment of representatives in Congress.
- Past court rulings and legal precedents suggest that the president does not have sole authority to redefine the scope of the census unilaterally, potentially leaving the controversial bill introduced by Rep. Marjorie Taylor Greene facing significant legal challenges.
- In the realm of technology, the Census Bureau's researchers warn that attempting to produce highly detailed citizenship data using new census questions could lead to substantial costs and reduced accuracy, affecting the quality of other demographic statistics.
- Amidst these contentions, the 2026 Census Test serves as a crucial field test for the 2030 census plans, with the Census Bureau set to recruit temporary workers for this important undertaking this fall.
