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Original Date Announced
July 21, 2020President Trump issues memorandum excluding undocumented immigrants from the census count used to reapportion House of Representatives members among states ("apportionment base") following the 2020 Census. [ID #1025]
2020.07.21 Memorandum on Excluding Undocumented Immigrants From the Apportionment Base Following the 2020 CensusEffective Date
July 21, 2020Subsequent Trump and Court Action(s)
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September 10, 2020
2020.09.10 State of New York v. Donald J. Trump
A three judge panel in Federal District Court in New York blocked Trump's order, holding that the proposal exceeded presidential authority under federal laws governing the census and reapportionment.
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October 22, 2020
City of San Jose et al. v. Trump (N.D. Cal. Oct. 22, 2020)
A three judge panel in Federal District Court in California also blocked Trump's order, holding that the proposal violated the Constitution and two statutes.
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December 18, 2020
Supreme Court: Trump v. New York
The Supreme Court, in a per curiam opinion, vacates the District Court order in State of New York v. Trump and remands for dismissal for lack of subject matter jursdiction.
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**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**
Biden Administration Action: Revoked/Replaced
January 20, 20212021.01.20 Executive Order on Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census
This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.
On January 20, 2021, President Biden issued an executive order revoking this prior action in its entirety. President Biden ordered that the Secretary to report the apportionment base and state-level tabulations to include all inhabitants of each state, without regard to immigration status.
View DocumentCurrent Status
Not in effectMost Recent Action
January 20, 2021 Action: Revoked/Replaced 2021.01.20 Executive Order on Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial CensusJanuary 20, 2021Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Presidential OrdersSubject Matter: CitizenshipAgencies Affected: OtherAssociated or Derivative Policies
Pre Trump-Era Policies
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Prior to this policy announcement, the reapportionment base has always included citizens and non-citizens, regardless of legal status.
Documents
Trump-Era Policy Documents
Biden Administration Policy Documents
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Commentary
Pew Research - How removing unauthorized immigrants from census statistics could affect House reapportionment
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