Trump Calls for New U.S. Census Excluding Undocumented Immigrants
Former president’s proposal could trigger major constitutional battles ahead of 2026 midterms.
Former U.S. President Donald Trump announced Thursday that he has directed the Department of Commerce to immediately begin work on a “new population census.”
This move comes as the White House pushes Republican-led states to redraw election maps in ways more favorable to the GOP ahead of the 2026 midterm elections.
In a post on Truth Social, Trump called for “a new and very accurate census based on current facts and figures — most importantly, using results and information from the 2024 presidential election.” He stressed that “people in our country illegally will not be included in the new census.”
Under the U.S. Constitution, the decennial census is designed to count every resident in the country, a requirement under Article I, Section 2. The process is complex, often taking years of preparation. The Department of Commerce, led by Secretary Howard Lutnick, oversees the U.S. Census Bureau. Neither the Department nor the Bureau immediately commented on Trump’s announcement.
The Census Bureau counts all individuals — citizens and non-citizens — who have a “usual residence” in the United States. Research by the Pew Research Center found that if undocumented immigrants had been excluded from the 2020 census apportionment, three states would have each lost a congressional seat.
Legal Challenges Ahead
Experts say Trump’s proposal to exclude undocumented immigrants from the census is unusual and would almost certainly trigger a constitutional challenge. The U.S. Constitution clearly outlines the timing and scope of the census: it must be conducted every 10 years to determine congressional representation, with the next scheduled for 2030.
It remains unclear whether Trump intends to alter the existing 2030 plan or initiate an entirely new census before then. The 14th Amendment mandates counting “the whole number of persons in each state,” with only narrow historical exceptions.
Who Is Counted?
According to the Census Bureau, the “resident population” includes all people — citizens and non-citizens — living in the U.S. at the time of the census, counted at their usual place of residence. Supporters of the current approach say it ensures fair representation and allocation of resources. Critics argue the Constitution was written before millions of undocumented immigrants resided in the country.
Can Trump Order a New Census?
The answer is uncertain. Preparing a census requires years of planning, and the Bureau has already scheduled a trial run in 2026 and a full test in 2028 to refine the 2030 count.
During his first term, Trump tried to exclude undocumented immigrants from the census and proposed adding a citizenship question, a plan ultimately blocked by the Supreme Court. He also signed a 2020 memorandum seeking to exclude undocumented immigrants from apportionment, which lower courts ruled illegal. The Supreme Court later dismissed related challenges as premature.
Bottom line: Any attempt to alter the census methodology or exclude certain groups will almost certainly face lengthy legal battles.
