Trump intends to exclude specific immigrants from the population count in census data
In a recent announcement, US President Donald Trump has proposed a change to the way migrants without regular residence status are counted in the U.S. census. However, it's important to understand that under current law, both US citizens and individuals with unclear immigration status are already counted in the census.
The proposed change could have significant implications, particularly for regions with a high proportion of such migrants. These regions might see a reduction in their political influence and funding, as the results of the U.S. census are used as the basis for distributing federal funds to states, cities, and towns, and for determining the number of seats each state has in the House of Representatives.
The U.S. Constitution requires that the number of people living in each state be used as the basis for seat distribution in the House of Representatives. The drawing of congressional districts is also based on the results of the U.S. census. The results of the U.S. census, scheduled for 2030, are used as the basis for these decisions.
It's crucial to note that the 14th Amendment mandates counting the "whole number of persons in each state," which has historically included all residents regardless of legal status. This requirement for a total headcount of all persons in the states for purposes of apportioning House seats and Electoral College votes means that all residents must be counted regardless of citizenship or legal status.
Furthermore, Article I of the Constitution empowers Congress—not the President—to oversee the census and determine how it is conducted, including timing and methodology. Current federal law directs the Commerce Department to conduct a census every 10 years, in years ending in zero. Moving the census timing requires congressional approval.
Excluding undocumented immigrants from census counts would be a sharp break from decades of precedent and likely face legal challenges for violating constitutional mandates. Such changes would affect political representation and federal funding distribution, potentially reducing congressional seats and resources for states with large immigrant populations.
While a President can propose or call for changes to census methodology, they lack legal authority to implement such changes unilaterally. Attempts to exclude noncitizens without congressional authorization almost certainly trigger constitutional and statutory legal challenges.
The legality of Trump's proposed change in census rules is questionable, as he has not provided details on the legal framework, concrete implementation, or a possible timing. It's unclear whether Trump has provided such details in his new push to change the census counting method, which comes during his second term.
In 2018, during his first term, Trump attempted to change the census counting method, but failed due to legal hurdles. It remains to be seen whether he will face similar challenges this time around.
The new census, if implemented, would not count people who are "illegally" in the US. Trump has instructed the Commerce Department to begin work on a new census based on findings from the 2024 presidential election, with the goal of implementing the change before the 2026 midterm elections.
Large democratically governed cities like Los Angeles and New York could be particularly affected by these changes, as they have significant immigrant populations. It's important to monitor this situation closely to understand its potential impact on these cities and other regions with high immigrant populations.
- The proposed change in the census counting method, aimed at excluding migrants without regular residence status, could lead to a shift in political influence and funding for regions with large immigrant populations, as these regions might experience a reduction in both federal funds and congressional seats.
- The proposed policy-and-legislation change in the census counting method, primarily about the general-news topic of politics, might face legal challenges for violating constitutional mandates, as the 14th Amendment mandates counting the "whole number of persons in each state," which historically includes all residents regardless of legal status.
