Trump signs dubious executive order to bar undocumented immigrants from counting toward House apportionment


President Trump signed a memorandum Tuesday that will bar undocumented immigrants from being used to determine congressional apportionment and Electoral College votes.
The decision is legally dubious, as the Constitution specifically says the census counts "persons" to determine House seats, and the 14th Amendment requires counting "whole number of persons in each state." Sen. Elizabeth Warren (D-Mass.) went so far as to call it "flagrantly unconstitutional," while Sen. Kamala Harris (D-Calif.) changed up the adjective to call it "patently unconstitutional." Trump countered in a statement that his memo "reflects a better understanding of the Constitution."
The decision comes as 2020 census counting efforts are well underway, so it's unclear how the order would be implemented. The Trump administration previously tried and failed to put a citizenship question on the census. Advocates said the question would discourage undocumented people from filling out the census, and the Supreme Court ruled that the Trump administration had been dishonest about their reasons for adding the question.
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
The ACLU has already promised to challenge Tuesday's directive, as it did with Trump's citizenship question. Kathryn Krawczyk
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Kathryn is a graduate of Syracuse University, with degrees in magazine journalism and information technology, along with hours to earn another degree after working at SU's independent paper The Daily Orange. She's currently recovering from a horse addiction while living in New York City, and likes to share her extremely dry sense of humor on Twitter.
-
Taking aim at Venezuela’s autocrat
Feature The Trump administration is ramping up military pressure on Nicolás Maduro. Is he a threat to the U.S.?
-
Comey indictment: Is the justice system broken?
Feature U.S. attorney Lindsey Halligan has indicted former FBI Director James Comey on charges of lying and obstructing Congress
-
Government shuts down amid partisan deadlock
Feature As Democrats and Republicans clash over health care and spending, the shutdown leaves 750,000 federal workers in limbo
-
Judge bars Trump’s National Guard moves in Oregon
Speed Read In an emergency hearing, a federal judge blocked President Donald Trump from sending National Guard troops into Portland
-
Museum head ousted after Trump sword gift denial
Speed Read Todd Arrington, who led the Dwight D. Eisenhower Presidential Library and Museum, denied the Trump administration a sword from the collection as a gift for King Charles
-
Trump declares ‘armed conflict’ with drug cartels
speed read This provides a legal justification for recent lethal military strikes on three alleged drug trafficking boats
-
Supreme Court rules for Fed’s Cook in Trump feud
Speed Read Federal Reserve Governor Lisa Cook can remain in her role following Trump’s attempts to oust her
-
Judge rules Trump illegally targeted Gaza protesters
Speed Read The Trump administration’s push to arrest and deport international students for supporting Palestine is deemed illegal
-
Trump: US cities should be military ‘training grounds’
Speed Read In a hastily assembled summit, Trump said he wants the military to fight the ‘enemy within’ the US
-
US government shuts down amid health care standoff
Speed Read Democrats said they won’t vote for a deal that doesn’t renew Affordable Care Act health care subsidies
-
YouTube to pay Trump $22M over Jan. 6 expulsion
Speed Read The president accused the company of censorship following the suspension of accounts post-Capitol riot