In a highly controversial move during his presidency, Donald Trump issued a directive to exclude undocumented immigrants from the U.S. census count used for congressional apportionment. This executive action, signed in July 2020, aimed to alter how the U.S. population was counted for the purpose of allocating seats in the House of Representatives.

What Has Trump Proposed?

• On August 7, 2025, President Trump announced via Truth Social that he has directed the Commerce Department to initiate a “new and highly accurate” U.S. Census, explicitly stating that “people who are in our country illegally WILL NOT BE COUNTED”.ReutersThe Guardian

• He claimed the new census would reflect “modern day facts and figures” and incorporate insights from the 2024 presidential election.ReutersThe Guardian

Constitutional and Legal Challenges

This was the first time in U.S. history that an administration attempted to alter the constitutional standard of counting “the whole number of persons in each State”, as mandated by the 14th Amendment. Critics argued that it was a political maneuver to shift power away from states with large immigrant populations, such as California, New York, and Texas.

• Under the 14th Amendment, congressional representation must be based on the “whole number of persons in each state”, which includes non-citizens.The GuardianAxios

• Constitutional experts and legal analysts warn the President cannot unilaterally order a new census—especially a mid-decade headcount without congressional authorization.The Times of IndiaThe GuardianDemocracy DocketAP NewsThe Washington Post

• Past efforts during Trump’s first term—such as adding a citizenship question or excluding undocumented immigrants from apportionment counts—faced substantial legal backlash and were ultimately blocked by courts.Wikipedia+1The Washington Post

Political and Practical Implications

What Would Have Happened if It Stood?

• Reduced representation for immigrant-heavy states in Congress.

• Potential cuts to federal funding for those states, since many government programs rely on census data.

• Undermining trust in the census process, leading to undercounts and inaccurate data.

• This move arrives amid aggressive redistricting maneuvers, particularly in GOP-led states like Texas, aiming to shift political power ahead of the 2026 midterms.The GuardianThe Times of IndiaThe Washington Post

• Critics warn such a census would reduce house seats and federal funding for states with large immigrant populations—like California, New York, Texas, and Florida.The GuardianThe Washington PostReuters

• Massachusetts Secretary of the Commonwealth called it “illegal insanity,” arguing it contradicts legal norms and would heavily skew representation.Axios

Legal and Political Fallout

• Several states sued the Trump administration, arguing that the order was unconstitutional.

• The Supreme Court eventually ruled in December 2020 that it was too early to challenge the policy since the census had not yet been finalized.

• After Trump left office, President Joe Biden reversed the order, instructing the Census Bureau to count everyone regardless of immigration status.

What’s Next?

• Trump’s directive faces immediate legal and political resistance. Courts, states, immigration advocates, and constitutional scholars are poised to challenge it.

• Whether this is a standalone effort or part of broader legislative attempts around census reform remains to be seen.

In summary:

• Trump’s directive proposes a mid-decade census excluding undocumented immigrants.

• It likely conflicts with constitutional mandates and would encounter major legal hurdles.

• The political intent appears focused on shaping congressional representation ahead of upcoming elections.

Want a detailed breakdown on the constitutional arguments or a historical comparison of past census controversies?