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President Donald Trump on Thursday directed the Department of Commerce to begin work on a new U.S. census that would exclude undocumented immigrants from the official population count — a move that could dramatically alter congressional representation and federal funding formulas.
“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.”
The announcement represents a fundamental break from the U.S. Census Bureau’s longstanding practice of counting every resident, regardless of citizenship or immigration status, as mandated by the Constitution. Legal scholars and civil rights advocates immediately raised alarms over the constitutionality and potential consequences of such a change.
Constitutional Clash Over Who Counts
The U.S. Constitution requires a decennial census to count the “whole Number of persons in each State,” a clause widely interpreted for over two centuries to mean every resident, not just citizens or legal immigrants. The population data determines each state’s representation in the House of Representatives and plays a role in distributing more than $1.5 trillion in federal funding.
“This is a blatant effort to manipulate the census to rig the political map in Republicans’ favor,” said Dale Ho, a civil rights attorney who argued the 2020 census case before the Supreme Court. “The Constitution is clear — everyone counts.”
Political Pressure to Redraw Maps
Trump’s directive comes as the White House and national Republicans increase pressure on GOP-led states to redraw their congressional districts ahead of the 2026 midterms. Reducing the count in urban, immigrant-rich areas could tilt representation toward more rural and conservative regions.
Demographic experts warn the move could artificially shrink population counts in states with large undocumented immigrant communities such as California, Texas, New York, and Florida, which could cost them congressional seats and federal resources.
A Familiar Battle, Revived
Trump previously attempted to reshape the census during his first term by adding a citizenship question to the 2020 questionnaire — a move blocked by the Supreme Court in a 5-4 decision. Though he later ordered agencies to provide citizenship data using administrative records, the effort did not directly alter the census count.
Critics said the plan would suppress responses among not just undocumented immigrants, but also legal residents and naturalized citizens in mixed-status households, skewing the final results and potentially harming communities of color.
Another Attack on Federal Data
Thursday’s order is the latest in a string of actions by Trump aimed at questioning the legitimacy of nonpartisan government agencies. Just last week, he fired Bureau of Labor Statistics Commissioner Erika McEntarfer, accusing her — without evidence — of manipulating jobs reports “for political purposes.”
Legal challenges to the new census directive are likely to follow swiftly. Advocacy groups and Democratic officials say they are prepared to fight the effort in court, calling it both unconstitutional and a direct threat to democratic representation.
