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POTUS issues memorandum excluding undocumented immigrants from apportionment base

  1. 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]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    July 21, 2020
  3. Subsequent Action

    September 10, 2020

    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.

    2020.09.10 State of New York v. Donald J. Trump
  4. Subsequent Action

    October 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.

    City of San Jose et al. v. Trump (N.D. Cal. Oct. 22, 2020)
  5. Subsequent Action

    November 30, 2020

    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.**

    Supreme Court schedules oral argument on Nov. 30, 2020
  6. Biden Administration Action

    January 20, 2021

    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.

    2021.01.20 Executive Order on Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census
Type of Action: Presidential Orders
Subject Matter: Citizenship
Agencies Affected: Other

Prior Policies

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

Subsequent Actions

Biden Administration Action

Commentary

Pew Research - How removing unauthorized immigrants from census statistics could affect House reapportionment

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