Trump’s plan to subtract the number of undocumented immigrants from the total census population appears to be in direct violation of the 14th Amendment
Photo: Drew Angerer/Getty Images Last year, the White House failed in its attempt to add a citizenship question to the 2020 Census, a change that would have caused 6.5 million fewer people to respond, according to the Trump administration’s own estimates.
On Tuesday, the White House used that data, despite its questionable accuracy, as part of an executive order banning undocumented immigrants from the Census count determining how many members of Congress are apportioned to each state.
Trump’s order states that “illegal aliens are not to be included for the purpose of apportionment of Representatives following the 2020 Census.” However, his language appears to be in direct violation of the second clause of the 14th Amendment, which determines that the Census must count “the whole number of persons in each State.
Democrats also condemned the effort, seen as a last-minute ruling “designed to again inject fear and distrust into vulnerable and traditionally undercounted communities,” according to House Speaker Nancy Pelosi, who promised to “vigorously contest the president’s unconstitutional and unlawful attempt to impair the Census.
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