President Donald Trump instructed the Commerce Department to have the Census Bureau start work on a new census that would exclude immigrants who are in the United States illegally from the head count which determines political power and federal spending.
President Donald Trump on Thursday instructed the Commerce Department to have the Census Bureau start work on a new census that would exclude immigrants who are in the United States illegally from the head count which determines political power and federal spending.
The census will be based on “modern day facts and figures and, importantly, using the results and information gained from the Presidential Election of 2024,” the Republican president said on his social media platform.
Experts said it was unclear what exactly Trump was calling for, whether it was changes to the 2030 census or a mid-decade census, and, if so, whether it would be used for a mid-decade apportionment, which is the process of divvying up congressional seats among the states based on the population count.
Here’s some answers to questions Thursday’s post raises:Can Trump do this?
It would be extremely difficult to conduct a mid-decade census, if not impossible, according to experts.
Any changes in conducting a U.S. census would require alterations to the Census Act and approval from Congress, which has oversight responsibilities, and there likely would be a fierce fight.
The federal law governing the census permits a mid-decade head count for things like distributing federal funding, but it can’t be used for apportionment or redistricting and must be done in a year ending in 5. Additionally, the 14th Amendment says that “the whole number of persons in each state” are to be counted for the numbers used for apportionment, and the Census Bureau has interpreted that to mean anybody residing in the United States regardless of legal status. Federal courts have repeatedly supported that interpretation, though the Supreme Court has blocked recent efforts to change that on procedural rather than legal grounds.
“He cannot unilaterally order a new census. The census is governed by law, not to mention the Constitution,” said Terri Ann Lowenthal, a former congressional staffer who consults on census issues.
