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Trump Orders New Census to Exclude Undocumented Immigrants

The directive contradicts the Constitution’s mandate for a once-a-decade census, setting the stage for swift court challenges.

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People stand in front of a US flag on a screen in Times Square in New York on September 19, 2022.
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President Donald Trump speaks in the Oval Office, Aug. 6, 2025, in Washington. (AP Photo/Alex Brandon)

Overview

  • President Trump directed the Commerce Department to conduct an off-cycle census excluding individuals in the country illegally and incorporating data from the 2024 election.
  • The Constitution’s Article I and the 14th Amendment mandate a decennial count of all residents, regardless of immigration status.
  • Civil rights advocates and constitutional scholars warn that the unprecedented mid-decade census order will face immediate court challenges.
  • Excluding an estimated 11 million undocumented immigrants could cost California, Texas and Florida one congressional seat each and alter Electoral College allocations.
  • Census data guide about $2.8 trillion in annual federal funding, so excluding undocumented immigrants could divert resources from communities with large immigrant populations.