Trump says he is ordering a new census that will not count illegals: Can the administration do this?

August 7, 2025 by John Hinderaker  

President Trump says he is ordering a new census that will not count illegal aliens:...........

Can the administration do this? If Trump means a census that would have legal effect, there are at least two issues: 1) The Constitution requires that a census be carried out, for purposes of apportioning the House of Representatives, every ten years. Is there a legal basis for doing a census now? 2) Trump doesn’t want to count illegal aliens, but illegal aliens have consistently been counted in the census, at least in modern times. What does the Constitution say about who should be counted?.............The mid-decade census is intended, among other things, to be used to re-allocate spending in government programs, not to reapportion Congress. So, contrary to some speculation, nothing the administration does now can impact the 2026 election................

 But a political point can be made: the vast number of illegal aliens puts a thumb on the electoral scale in favor of the Democrats. If there are 20 million illegals in the U.S., that corresponds to around 26 seats in the House of Representatives. How seats in the House might shift if these persons were eliminated from the count is unclear, but an unofficial census of the kind described by President Trump would shed light on that question, and would highlight the unfair impact of illegal immigration on power in Congress. Also, of course, such an unofficial census could provide a good estimate of the number of illegals still residing in the country.

So, if political as opposed to legal impact is Trump’s goal, he may achieve it.............. To Read More.....