Date Announced

President 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]

See Biden administration action below.

Effective Date of Change

Subsequent Action

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.

Subsequent Action

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.

Subsequent Action

The Supreme Court will hear oral argument on Nov. 30, 2020 on whether the federal government may exclude noncitizens from the base population number for purposes of apportioning seats.

**Litigation is listed for informational purposes and is not comprehensive. For the current status of legal challenges, check other sources.**

Biden Administration Action

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.