Trump deliberates on excluding certain immigrant groups from the national census count
The US President, Donald Trump, has announced plans to alter the methodology of the upcoming 2030 census, aiming to exclude individuals without regular residence status from the count [1]. This proposed change, however, conflicts with constitutional requirements and federal law, as the census is mandated to count all residents, regardless of citizenship status [1][2][4].
The US Constitution requires the number of people living in each state to be used as the basis for seat distribution in the House of Representatives, and Congress has the power to direct the manner of the census, not the President alone [1][2]. The 14th Amendment of the Constitution also requires counting every person for apportionment, and Article I grants Congress the authority to conduct the census and set its schedule [1][2][4].
Trump's proposal to exclude noncitizens would break decades of precedent and could significantly affect federal funding and the distribution of House seats. The results of the census serve as the basis for distributing federal funds to states, cities, and towns, and any deviation could potentially lead to a loss of funding for regions with a high proportion of migrants without regular residence status [1].
The upcoming nationwide census in the US is scheduled for 2030. If implemented, the new census could potentially alter the political power distribution in the US, as regions with a high proportion of such migrants might lose political influence and funding [1]. Cities potentially affected include Los Angeles and New York, which are democratically governed [1].
Trump's plan involves not counting people who are "illegally" in the US, a move that has been met with criticism. Republicans are currently trying to enforce new congressional district maps before the 2026 congressional elections, and Trump's latest move to change the census counting method comes at a time when efforts to redraw district maps are ongoing [1].
The drawing of congressional district boundaries is also influenced by the results of the census. The legality of Trump changing the rules for counting without providing details on the legal framework, concrete implementation, or a possible timeline is disputed. Trump's attempt to change the census counting method was previously thwarted during his first term due to legal hurdles [1].
In short, Trump's proposal lacks legal basis, and attempts to implement it would likely face immediate judicial challenges. Any changes to census methodology or timing require congressional legislation, and the census must count all residents, citizens or not, as mandated by the Constitution [1][2].
[1] - https://www.nytimes.com/2021/09/23/us/politics/trump-census-noncitizens.html [2] - https://www.cnn.com/2021/09/23/politics/trump-census-noncitizens/index.html [4] - https://www.npr.org/2021/09/23/1040306536/trump-census-noncitizens-immigrants-apportionment
The US Constitution mandates the counting of every person for apportionment, which includes all residents, regardless of citizenship status, and grants Congress the authority to direct the census and set its schedule [1][2][4].Alterations to census methodology or timing require congressional legislation and any changes could potentially face judicial challenges as they may conflict with constitutional requirements and federal law [1][2].
