Former President Donald Trump has reignited controversy over the census by ordering the U.S. Department of Commerce to begin developing a new population count that excludes undocumented immigrants, breaking with a practice in place since 1790.
In a message on Truth Social, Trump said the new census would be based on “current facts and figures,” including “results and information” from the 2024 presidential election, and emphasized: “People who are in our country illegally WILL NOT BE COUNTED IN THE CENSUS.” The announcement did not specify whether this would be an early census or a modification to the one scheduled for 2030.
This move carries major implications:
The census is the foundation for allocating seats in Congress, Electoral College votes, and the distribution of federal funds. Excluding undocumented immigrants could reshape political power, favoring states with smaller immigrant populations while disadvantaging those with large immigrant communities.
Legal experts warn that Trump lacks the authority to conduct a mid-decade census without Congressional approval and that the proposal could violate the 14th Amendment of the Constitution, which requires counting all persons—regardless of immigration status, for representation purposes.
Some political figures have criticized the idea as “illegal insanity”, accusing Trump of acting like a dictator in an attempt to strip political power from opponents.
Key Question: Can Trump order a mid-decade census excluding undocumented immigrants?
Answer: No. The Constitution and census law make clear that only Congress can authorize a new count, and it must include all people, regardless of immigration status.