Overview

• On August 7, President Trump instructed the Commerce Department to launch a mid-decade census that omits undocumented immigrants from the population tally.
• The Constitution and federal law mandate a decennial headcount of every person for congressional apportionment, and off-cycle counts cannot legally reallocate House seats.
• Legal scholars say the directive is likely unconstitutional and will prompt court challenges similar to the 2019 Supreme Court ruling against Trump’s citizenship question.
• Pew Research Center analysis indicates that excluding noncitizens from a census would cost California, Texas and Florida one congressional seat each.
• Commerce Department officials must navigate uncertain funding, logistical complexities and ongoing preparations for the 2030 census if they proceed with the plan.