President Donald Trump has reignited a contentious debate over immigration and representation by directing the Department of Commerce to begin work on a new U.S. census that would exclude undocumented immigrants from the population count. The announcement, made via Truth Social, marks a dramatic escalation in Trump’s long-standing efforts to reshape the census and its political implications.
Trump called for a “new and highly accurate” census based on “modern-day facts and figures” and the results of the 2024 presidential election. He emphasized: “People who are in our Country illegally WILL NOT BE COUNTED IN THE CENSUS”. The proposal appears to be aimed at redrawing congressional maps to favor Republican strongholds, especially in states like Texas, where redistricting battles are intensifying.
The U.S. Census, mandated every 10 years by the Constitution, determines congressional representation and the allocation of federal funds for public services like healthcare, education, and infrastructure. The 14th Amendment requires counting the “whole number of persons in each State,” a clause historically interpreted to include undocumented immigrants.
Experts argue Trump cannot unilaterally order a new census. Any changes would require congressional approval and amendments to the Census Act. “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 staff member who now consults on census issues.
Courts have consistently upheld the inclusion of undocumented immigrants in census counts. In 2019, the Supreme Court blocked Trump’s attempt to add a citizenship question, citing insufficient justification. “When Trump tried to do this in 2020, the courts flat out rejected it. The Constitution is plain and simple: ‘whole number of persons,” Congressman Jerrold Nadler wrote in a social media post.
Critics warn that excluding undocumented immigrants would violate the Constitution and distort representation, especially in states with large immigrant populations like California, Texas, and Florida.
Trump’s push aligns with Republican efforts to redraw electoral maps and gain House seats. Texas Republicans are currently seeking to add five seats, prompting Democratic lawmakers to flee the state in protest. “We should have many more seats in California. It’s all gerrymandered,” Trump said in a Tuesday interview with CNBC. “I won Texas. I got the highest vote in the history of Texas, as you probably know, and we are entitled to five more seats.”
If undocumented immigrants are excluded, states with high immigrant populations could lose congressional seats and federal funding, shifting political power toward more conservative regions.
The next official census is scheduled for 2030, but Trump’s directive suggests a mid-decade count—a rare and legally complex move. Legal experts and civil rights advocates are preparing for a likely court battle, while state governments brace for the ripple effects on redistricting and federal resource allocation.
This move is more than a bureaucratic tweak—it’s a flashpoint in the ongoing struggle over who gets counted, who gets represented, and how power is distributed in American democracy.