President Donald Trump is reviving his years-old plan to exclude undocumented immigrants from the U.S. census, which legal scholars say is in direct conflict with the Constitution’s requirement to count all persons.
“I have instructed our Department of Commerce to immediately begin work on a new and highly accurate CENSUS based on modern day facts and figures and, importantly, using the results and information gained from the Presidential Election of 2024,” Trump wrote Thursday morning. “People who are in our Country illegally WILL NOT BE COUNTED IN THE CENSUS. Thank you for your attention to this matter!”
The President’s remarks appear to align with his plan to redistrict red states to deliver more GOP-controlled seats in the U.S. House of Representatives, where Republicans currently hold a razor-thin majority.
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Absent court orders, it is extremely rare for a state, outside of the census window, to redistrict with the direct goal of providing more seats to a particular party, and the United States has never conducted a decennial census officially excluding undocumented immigrants.
The Fourteenth Amendment states that “the whole number of persons in each State” is to be counted.
On Wednesday night, Trump White House Deputy Chief of Staff Stephen Miller claimed that during the first Trump presidency, Democrats “rigged” the 2020 census by including undocumented immigrants, causing them to gain an extra 20 to 30 seats in the House.
“At every level this country—Illinois, Chicago, New York, Massachusetts—Democrats have gerrymandered the vote beyond recognition to try to maintain their advantage in the House elections,” Miller alleged.
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“Democrats rigged the 2020 census by including illegal aliens,” he charged, despite every census in U.S. history, per the U.S. Constitution, having done so.
Independent analysis contradicts Miller’s claim.
“A Pew Research Center analysis found that if unauthorized immigrants were excluded from the 2020 apportionment count, three states could have each lost a congressional seat,” Axios reported.
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