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POTUS issues memorandum excluding undocumented immigrants from apportionment base

  1. Original Date Announced

    July 21, 2020

    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]

    2020.07.21 Memorandum on Excluding Undocumented Immigrants From the Apportionment Base Following the 2020 Census
  2. Effective Date

    July 21, 2020
  4. Biden Administration Action: Revoked/Replaced

    January 20, 2021

    2021.01.20 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 Document

Current Status

Not in effect
January 20, 2021
Acted on by Biden Administration

Original Trump Policy Status

Status: Final/Actual
Trump Administration Action: Presidential Orders
Subject Matter: Citizenship
Agencies Affected: Other

Pre Trump-Era Policies

  • Prior to this policy announcement, the reapportionment base has always included citizens and non-citizens, regardless of legal status.


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