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Trump Orders Mid-Decade Census Excluding Undocumented Immigrants

The president’s call for a census outside the ten-year schedule defies the Constitution’s mandate to count every person, prompting immediate legal challenges.

FILE - A briefcase of a census taker is seen as she knocks on the door of a residence, Aug. 11, 2020, in Winter Park, Fla. (AP Photo/John Raoux, File)
People stand in front of a US flag on a screen in Times Square in New York on September 19, 2022.
President Donald Trump speaks in the Oval Office, Aug. 6, 2025, in Washington. (AP Photo/Alex Brandon)
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Overview

  • Trump instructed the Commerce Department via Truth Social to begin a “highly accurate” census based on “modern day facts and figures” and 2024 election data that omits people in the country illegally.
  • A mid-decade count would break a practice in place since 1790 and conflict with Article I, Section 2 and the 14th Amendment requirement to count the whole number of persons every ten years.
  • Excluding undocumented residents could cost states such as California, Texas and Florida congressional seats and Electoral College votes while advantaging Republican-leaning states.
  • The administration has provided no detailed methodology or legal authority for an off-cycle census, drawing warnings from legal scholars about its constitutionality.
  • Census results also guide over $1.5 trillion in annual federal funding for schools, healthcare and infrastructure, raising high stakes for communities nationwide.