The fight against illegal immigration has re-entered the spotlight as President Donald Trump sets his sights on clarifying census counts and ensuring that non-citizens are excluded from voter rolls. This initiative, first ignited during his initial term, is gaining traction as Trump prepares for a potential second term.
The Supreme Court Faces a Crucial Decision
The Supreme Court has yet to determine the legality of excluding non-citizens from the U.S. census count, a decision that could have far-reaching implications for representation and electoral integrity. White House deputy chief of staff Stephen Miller has indicated that this matter will soon be front and center. With the Commerce Department poised to take action, the groundwork is being laid for a significant policy shift.
Commerce Department Takes the Lead
The Commerce Department, under Secretary Howard Lutnick, is preparing to propose adding a question to the census that distinguishes between citizens, legal permanent residents, and unauthorized immigrants. This approach, backed by Republican-led states, seeks to utilize census data to exclude non-citizens from apportionment counts. This method aligns with previous legal arguments made during Trump's first term, where the administration maintained that counting non-citizens diluted the voting power of lawful citizens.

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Growing Republican Support for Legislative Change
Support within the GOP is growing for legislative measures that would amend the Census Act to mandate a citizenship question. Bills introduced by Rep. Chuck Edwards and Sen. Bill Hagerty aim to redefine “persons” in the 14th Amendment’s apportionment clause, explicitly excluding non-citizens from the count. The political climate has shifted favorably with a Republican-controlled Congress, increasing the likelihood of passing such measures. In contrast, attempts during the Democratic majority faced significant roadblocks.
Historical Context of the Census Count
The 2020 census marked a pivotal moment in this ongoing debate. The Trump administration sought to exclude non-citizens from the apportionment count but faced fierce opposition from blue states and advocacy groups. Critics argued that this policy would undermine fair representation, but supporters contended it was a necessary step toward electoral integrity. The Supreme Court’s 2020 ruling, which blocked the administration's efforts, did not address the core issue but rather focused on procedural inadequacies.

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Implications for Electoral Representation
Understanding how non-citizens impact census counts is crucial for the allocation of congressional seats and Electoral College votes. States like California, Texas, and Florida are at the forefront of this issue, with significant populations of illegal aliens. According to various sources, California leads with an estimated 2.6 million undocumented immigrants, followed by Texas with 2.06 million. The potential loss of congressional seats in California due to continued outmigration highlights the urgency of addressing these demographics. As reported by Thad Kousser, a political expert, California could lose several seats by 2030 even without changes to census criteria.
As preparations for the 2030 census begin, the window for influencing the census process is rapidly closing. With federal law requiring proposed census questions to be submitted two years prior, action must be taken swiftly to ensure that the integrity of our electoral system is upheld. The stakes are high, and the consequences of inaction could undermine the very foundation of our democracy.