Trump Orders New Census to Exclude Illegal Immigrants, Rekindling Legal and Political Firestorm
by Worthy News Washington D.C. Bureau Staff
(Worthy News) – President Donald Trump announced Thursday that he has instructed the Department of Commerce to begin developing a new census that will explicitly exclude illegal immigrants from the population count, reigniting a constitutional debate over representation and federal funding.
“I have instructed our Department of Commerce to immediately begin work on a new and highly accurate CENSUS based on modern day facts and figures and, importantly, using the results and information gained from the Presidential Election of 2024,” Trump posted on Truth Social. “People who are in our Country illegally WILL NOT BE COUNTED IN THE CENSUS.”
While the U.S. Constitution mandates a nationwide headcount every ten years, President Trump’s proposal could dramatically reshape the process by excluding those residing in the country unlawfully. The decennial census, most recently conducted in 2020, determines how 435 House seats are apportioned and influences the distribution of more than $1.5 trillion in federal funds.
Constitutional Showdown Brewing
Trump’s move echoes his prior efforts during his first term to reshape the census. In 2020, his administration issued a memorandum calling for the exclusion of illegal immigrants from the apportionment base. That effort was blocked by the courts, with a federal judge ruling that the Constitution’s requirement to count the “whole number of persons in each State” includes undocumented residents.
Legal experts say a similar battle is likely ahead. The 14th Amendment is often cited by critics of the plan, who argue that all persons residing in the U.S. — regardless of immigration status — must be counted for congressional representation.
The Supreme Court previously declined to rule definitively on the issue, deeming it premature. Now, with Trump back in office and Republicans in control of the House, a new legal showdown appears inevitable.
GOP Leaders Rally Behind Trump
Trump’s proposal has found strong support among key Republican allies. Florida Gov. Ron DeSantis and Rep. Marjorie Taylor Greene (R-GA) have both backed legislation that would mandate excluding illegal immigrants from the census.
“Are you trying to tell me that Florida only got one additional seat in the last Census?” DeSantis asked rhetorically. “We should have had at least two. Texas should have had another one. That could be the difference in the House of Representatives.”
Sen. Rick Scott (R-FL) is co-sponsoring legislation to require a citizenship question on future censuses and to prohibit non-citizens from being counted for apportionment purposes.
Texas, which gained two seats in the last census, has moved aggressively to redraw its legislative maps to secure five new Republican-majority districts. Democratic lawmakers in the state fled to avoid quorum, prompting the Texas House to approve civil arrest warrants for the missing members.
Democrats Cry Foul, Warn of Retaliation
Democratic governors in New York, California, and Illinois denounced Trump’s plan as unconstitutional and warned of countermeasures.
“This is a blatant attempt to suppress representation in Democratic-led states,” said California Gov. Gavin Newsom. “We will fight this in the courts and in the court of public opinion.”
Reps. Kevin Kiley (R-CA) and Mike Lawler (R-NY) have introduced competing legislation aimed at addressing redistricting and preventing gerrymandering, signaling that the battle over political boundaries is just beginning.
Unanswered Questions and Legal Gray Zones
The Commerce Department has not publicly confirmed whether it has begun work on the alternative census. Trump’s statement did not clarify whether the project would be tied to the official 2030 census or if it would serve as a parallel statistical tool.
Under current Census Bureau guidelines, all individuals with a “usual residence” in the U.S. — including unauthorized immigrants — are counted in the census.
Trump’s latest initiative, if implemented, would upend more than a century of census practice and would likely set a precedent for how states draw districts and receive federal funds for years to come.
Looking Ahead
Civil rights groups and immigration advocates are expected to mount immediate legal challenges. Meanwhile, Trump’s allies are pressing forward on multiple fronts — in Congress, the courts, and statehouses — to enshrine the citizenship-based apportionment standard into law.
With the 2030 census still five years away, the battle lines over who counts in America have already been redrawn.
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