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Trump Orders Mid-Decade Census Excluding Undocumented Immigrants

Commerce Secretary Howard Lutnick warns excluding noncitizens from the count would breach the Constitution without congressional authorization.

Overview

  • On August 7, President Trump instructed the Commerce Department to develop a mid-decade census that omits undocumented immigrants from population totals.
  • Howard Lutnick told Census Bureau staff that the Fourteenth Amendment’s mandate to count every person bars removal of noncitizens absent new legislation.
  • Constitutional text and a 2019 Supreme Court decision blocking a citizenship question limit any off-cycle census from altering apportionment counts.
  • Experts estimate a standalone census would cost about $15 billion, involve extensive logistical hurdles and face near-certain legal challenges.
  • The Government Accountability Office found statistically significant coverage errors in the 2020 census, though analysts disagree on whether those errors shifted partisan advantage.