Trump Orders Commerce Department to Prepare New Census Excluding Undocumented Immigrants

by Lawrence J. Tjan | Aug 07, 2025
A close-up of a hand writing on a U.S. census form with checkboxes and demographic questions. Photo Source: Adobe Stock Images

President Donald Trump announced Thursday that he has directed the U.S. Department of Commerce to begin work on a new national census that would exclude undocumented immigrants from the population count, a move that would mark a major break from long-standing census practices and set the stage for significant legal battles.

In a post on Truth Social, Trump said the proposed survey would be “highly accurate” and based on “modern day facts and figures,” incorporating “results and information gained from the Presidential Election of 2024.” He added that “people who are in our country illegally WILL NOT BE COUNTED IN THE CENSUS.” The announcement did not clarify whether the plan would alter the 2030 census or involve an additional count before then.

For more than two centuries, the U.S. census has counted all residents regardless of citizenship or immigration status. The Constitution requires a national count every 10 years to determine congressional representation, and the 14th Amendment mandates an enumeration of “the whole number of persons in each State.” That total population figure is used to apportion seats in the U.S. House of Representatives and allocate federal funding.

Any change to the census could significantly shift the balance of power in Congress. Population trends suggest that up to a dozen seats could move from Democratic-leaning or politically competitive states to Republican strongholds in the next decade. Republican leaders, including Florida Gov. Ron DeSantis and Rep. Marjorie Taylor Greene of Georgia, have recently voiced support for a census limited to U.S. citizens.

Undocumented immigrants are disproportionately concentrated in states and districts that lean Democratic, such as California, New York, Illinois, and New Jersey. Counting all residents, as has historically been the practice, boosts these states’ representation in Congress and increases their share of federal funding. Removing undocumented immigrants from the count would likely reduce the number of congressional seats and Electoral College votes allocated to those states, shifting political power toward states with smaller immigrant populations, many of which reliably vote Republican.

If undocumented immigrants had been excluded from the 2020 census apportionment, estimates from independent demographic analyses suggest that California could have lost one or more House seats beyond the one it already lost, while Republican-leaning states such as Texas, Florida, and Montana could have gained additional representation. This shift would not only alter the makeup of Congress but also impact state-level redistricting, potentially creating more Republican-favored districts and strengthening the party’s electoral position in the 2026 midterms and beyond.

Trump’s call for a census excluding undocumented immigrants aligns with efforts by Republican-led states to reshape political maps in ways that favor their party. In recent years, GOP-controlled legislatures in states such as Texas, Florida, and North Carolina have pushed through redistricting plans that courts and voting rights groups say dilute the voting power of Democratic-leaning communities, particularly communities of color.

By altering the underlying population counts used for redistricting, an exclusionary census could compound the effects of partisan gerrymandering. Removing undocumented immigrants from the data would shrink representation for diverse urban areas while preserving or increasing representation for predominantly rural and suburban areas that trend Republican. This strategy aligns with recent court-tested redistricting maneuvers, such as “cracking” and “packing” districts designed to secure long-term partisan advantages, even in states where overall voter registration numbers are more evenly split.

Combining population-based exclusions with aggressive map drawing could produce a political landscape where electoral outcomes are increasingly insulated from demographic changes and could skew the results of representation for decades.

Trump’s announcement revives efforts from his first term to reshape the census. In 2019, his administration attempted to add a citizenship question to the 2020 count, a proposal the Supreme Court blocked. Critics argued the question would lead to an undercount in immigrant communities, affecting congressional representation and the distribution of billions in federal aid. Trump later ordered agencies to collect citizenship data through administrative records instead.

Legal challenges to any new census excluding undocumented immigrants are likely to cite the Constitution’s plain language and prior Supreme Court rulings. In 2020, the Court dismissed a case challenging Trump’s attempt to exclude undocumented immigrants from apportionment, but did not resolve the constitutional question, leaving the door open for future litigation.

Share This Article

If you found this article insightful, consider sharing it with your network.

Lawrence J. Tjan
Lawrence J. Tjan
Lawrence is an attorney with experience in corporate and general business law, complemented by a background in law practice management. His litigation expertise spans complex issues such as antitrust, bad faith, and medical malpractice. On the transactional side, Lawrence has handled buy-sell agreements, Reg D disclosures, and stock option plans, bringing a practical and informed approach to each matter. Lawrence is the founder and CEO of Law Commentary.

Related Articles

Trump signing a document in the Oval Office.
Trump Signs Executive Order to End Birthright Citizenship

Just hours after Donald Trump was sworn into office as the 47th president of the United States, he signed forty-six presidential actions, from building a border wall and reinstating his previous “Remain in Mexico” policy to retaking the Panama Canal and renaming the Gulf of Mexico, just to name a... Read More »

A group of protesters holding signs advocating for the counting of all residents in the U.S. census, emphasizing the importance of including non-citizens.
Biden’s Day One Executive Orders - All Residents to Be Counted

President Trump created a policy that altered the census count by excluding unauthorized immigrants. President Biden, in one of his first executive actions, reversed that policy. The change allows the U.S. census to follow more than two centuries of precedent in determining representation in the Electoral College and in Congress.... Read More »

Sign promoting participation in the 2020 U.S. Census, encouraging people to be counted.
Supreme Court Census Decision Leaves Communities Uncounted

Once every decade, the U.S. is bombarded by the pleasantly passive marketing of the census. Ad campaigns gently inform residents of the census’s significance, matter-of-factly highlighting voter representation and the values of civic duty. The 2020 census, however, has joined the ranks of other once-unshakeable institutions now eyed by the... Read More »