Trump plans to bar specific immigrant groups from being counted in the census count
The U.S. President Donald Trump has announced plans to implement a new census methodology, aiming to exclude migrants without regular residence status from the count [1]. This proposed change comes as Republicans gear up to establish new congressional districts before the 2026 midterm elections.
The proposed change, however, faces significant constitutional, statutory, and judicial challenges. The U.S. Constitution and federal law mandate that the census counts all persons residing in the U.S., regardless of immigration status, for the purpose of apportionment and representation [1][2][4].
The 14th Amendment requires enumeration of the "whole number of persons in each state," which has historically included non-citizens and people without legal status [1][2]. Article I, Section 2 of the Constitution grants Congress the power to conduct the census and set its rules. Congress codified the decennial census process into law in 1954 [4].
President Trump instructing the Commerce Department or the Census Bureau to exclude unauthorized migrants would be contrary to these constitutional and statutory mandates, and such an action would almost certainly provoke lawsuits [1][2]. Past legal battles, such as the Supreme Court blocking the addition of a citizenship question to the 2020 Census, demonstrate judicial resistance to changing census rules in ways that exclude noncitizens [2][3].
The census serves as the basis for redistricting and proportional representation in the House of Representatives. The goal of the census is to allocate state funds based on actual local needs. Regions with a high concentration of migrants could potentially lose political influence and substantial funding under Trump's proposed new counting method.
The U.S. census, scheduled for 2030, involves mail, online, and in-person surveys. The results of the census determine the allocation of federal funds to states, cities, and towns. Democratic strongholds like Los Angeles and New York are likely to be most affected by this proposed change.
It's worth noting that President Trump has not provided details on the legal framework, specific implementation, or potential timeline for the proposed census change. His previous attempt to alter the census methodology during his first term faced legal obstacles. Whether a president can unilaterally change census rules is a contentious legal issue.
In summary, while President Trump has called for a new census excluding unauthorized immigrants based on "modern day facts and figures" and even referenced using 2024 election results, he lacks the legal authority to implement such a change independently. The current legal framework requires counting all residents regardless of status [1][2][4][5].
- The proposed change to exclude migrants without regular residence status from the U.S. census, as suggested by President Trump, contradicts the constitutional and statutory mandates that require the census to count all persons residing in the U.S., regardless of immigration status.
- In light of the U.S. Constitution and federal law mandating the inclusion of all residents in the census, any action by President Trump to implement a new census methodology that excludes migrants without legal status is likely to face significant legal challenges.
