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Trump Orders Unprecedented Mid-Decade Census Excluding Undocumented Immigrants

The order clashes with the Constitution’s ten-year census requirement by excluding noncitizens, setting up immediate legal 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

  • On August 7, President Trump instructed the Commerce Department to begin a new census count that omits people living in the U.S. illegally
  • Article I, Section 2 and the 14th Amendment mandate a full census every decade counting all residents, making a mid-cycle exclusion unprecedented
  • Constitutional scholars and civil rights advocates warn the plan is unlawful and anticipate rapid court filings to block the initiative
  • Analyses estimate that removing undocumented immigrants could cost California, Texas, and Florida one House seat each and reduce their federal funding
  • The directive dovetails with Republican-led redistricting efforts in states like Texas aimed at reshaping congressional maps before the 2026 midterms