Washington — US President Donald Trump has directed the Commerce Department to initiate a new, mid-decade census effort that deliberately excludes undocumented immigrants from the population count, an unprecedented step that echoes the far-right policies of his first administration. The move, reminiscent of his 2020 census citizenship question attempt, could inflame tensions around the ongoing immigration debate and provoke another constitutional showdown. Critics warn the order undermines long-standing democratic norms and weaponizes federal data tools for partisan redistricting efforts, with significant implications for states with large immigrant populations like Texas, California, and Florida.
Announced during a campaign-style rally in Ohio, Trump described the executive action as necessary to “restore fairness” and “stop illegals from inflating blue-state power.” He claimed that counting undocumented individuals in congressional apportionment rewards sanctuary states and penalizes “true American citizens.”
“This is not a real census,” Trump said. “It’s a correction—a patriotic update. The 2020 count was rigged by the Democrats and globalists who want open borders and permanent power.”
The directive, which calls on the Commerce Department to conduct a “modern, accurate headcount based on legal eligibility,” would mark the first time in US history that a federal census seeks to exclude residents based on immigration status. Trump’s allies argue that the move will restore integrity to American democracy. Civil rights groups and constitutional scholars call it a blatant assault on established law.
The US Constitution mandates a nationwide census every ten years to count “the whole number of persons in each State,” a phrase historically interpreted to mean all residents, regardless of citizenship status. This data forms the basis for allocating House seats and federal funding across the country.
By contrast, Trump’s order seeks to use voter registration data and immigration enforcement databases to filter out undocumented individuals—an approach experts say is both legally dubious and logistically unsound. Several constitutional lawyers note that any exclusion based on citizenship or legal status would likely be struck down in court, as similar efforts were during Trump’s first term.
“This is a naked power grab,” said Thomas Saenz, president of the Mexican American Legal Defense and Educational Fund. “The president cannot simply rewrite the Constitution because it suits his political strategy.”
The political implications are significant. If enacted, the revised census could strip congressional seats and funding from immigrant-rich states like California, New York, and Texas, while bolstering rural Republican strongholds. The strategy is seen by critics as part of a broader GOP agenda to dilute the political influence of urban, diverse populations.
Legal experts warn that the plan is unlikely to survive judicial scrutiny. In 2020, the Supreme Court blocked Trump’s attempt to add a citizenship question to the census, and federal courts repeatedly ruled against efforts to exclude undocumented immigrants from apportionment counts.
Nevertheless, Trump’s new push reflects the hardline anti-immigrant ethos that has returned to the forefront of his reelection campaign. It comes amid escalating efforts by Republican lawmakers to redraw congressional maps and restrict voting access in key battleground states ahead of the 2026 midterm elections.
Immigration advocates say the move will create fear and confusion in immigrant communities and could lead to widespread undercounting, undermining the accuracy of national statistics used for public health, education, and infrastructure.
“This is about weaponizing the census against immigrants,” said Marielena Hincapié, executive director of the National Immigration Law Center. “It’s not just unconstitutional, it’s dangerous.”
Trump’s team has not yet released a timeline for when the census would be conducted or how undocumented individuals would be identified and excluded. Commerce Department officials declined to comment, citing the early stage of the directive.
Democratic leaders in Congress have vowed to block the initiative through legislation and legal action, calling it a “census coup” designed to rig future elections. House Minority Leader Hakeem Jeffries accused Trump of attempting to “erase entire communities from the American story.”
The move has also sparked concern among some moderate Republicans who fear the plan could backfire politically, alienating Latino voters and inviting another round of legal defeats.
According to a report published by The Wall Street Journal, Trump’s directive aims to reshape political power by leveraging the census as a tool for partisan advantage, reviving legal and ethical controversies that plagued his first term’s immigration agenda.
