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By Citizen of Europe | August 7, 2025
What if the government decided you don’t count—not as a citizen, not as a person, not even as data?
This week, Donald Trump announced a radical move: a new census that excludes undocumented immigrants. If successful, it could erase millions from America’s political map—without firing a shot or changing a law. It’s gerrymandering by erasure, and it’s not just unconstitutional—it’s strategic.
Sidebar: What the U.S. Constitution Actually Says About the Census
14th Amendment, Section 2 – The Counting Clause:
“Representatives shall be apportioned among the several States… counting the whole number of persons in each State, excluding Indians not taxed.”
Key word: “persons” — not citizens. The Constitution mandates a full count of all residents, regardless of immigration status.
Legal Precedents
- Trump v. New York (2020): Supreme Court blocked Trump’s attempt to exclude undocumented people.
- Biden Executive Order 13986 (2021): Reinstated the mandate to count all residents.
Why It Matters
Excluding people from the census is unconstitutional. It undermines representation, diverts funding, and shifts power toward exclusionary politics. Who gets counted, gets counted on.
What Just Happened?
On August 7, 2025, President Trump directed the Commerce Department to begin a mid-decade census, asserting it should exclude undocumented immigrants and reflect “modern-day facts and figures,” including post-election data.
Announced via Truth Social, this move revives a blocked 2020 attempt and echoes a legal battle the Trump administration already lost. Reuters, AP, Politico
Why It’s Legally Problematic
U.S. law—backed by the 14th Amendment—requires that all residents be counted in the decennial census, regardless of citizenship. The president cannot alter this without Congressional approval.
Legal experts note this move could violate both the Constitution and previous Supreme Court precedent. It could also trigger lawsuits across all 50 states. AP, Washington Post
What’s Really at Stake
Excluding undocumented immigrants could reduce congressional seats and federal funding for high-population states like California, New York, and Texas.
Analysts warn the damage may be more political than numeric—normalizing erasure as a redistricting tool. TIME, AP Study
Conclusion
This isn’t just about who gets counted. It’s about who matters. A mid-decade census excluding millions would deepen America’s democratic backslide—and set a precedent Europe cannot ignore.
What begins with who gets counted, ends with who gets power.
Sources
- Reuters: Trump directs Commerce Department to create new census (2025)
- Associated Press: Trump renews census exclusion effort—legal challenges expected
- Politico: Trump’s new census effort: What’s different this time?
- Washington Post: Trump calls for census changes amid redistricting push
- TIME: How excluding undocumented immigrants from the census could reshape Congress
- AP Simulation Study: What happens if undocumented immigrants are excluded? A simulation
- U.S. Constitution: 14th Amendment, Section 2 — U.S. National Archives
- Executive Order 13986 (Biden, 2021): Federal Register official record
- Wikipedia Summary: Executive Order 13986 – Wikipedia
- Supreme Court Ruling: Trump v. New York (2020) – Full PDF
Disclaimer: The views expressed in this article reflect the editorial stance of Citizen of Europe and are based on available public records, legal interpretations, and reporting as of August 7, 2025. All efforts have been made to ensure factual accuracy at the time of publication. This article is for informational and educational purposes only and does not constitute legal advice. Readers are encouraged to consult primary legal sources or qualified professionals for official guidance.
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