The Supreme Court has never made a determination on the legal merits of the argument that noncitizens should not be counted in the United States census, but may soon be forced to do so.
The fight to clarify the census and subsequently adjust congressional seats, Electoral College votes and federal funding, is coming down the pike, according to White House deputy chief of staff, Stephen Miller.
Miller indicated last month that he’s eager to dive straight in and that Commerce Secretary Howard Lutnick will help lead the effort.
Trump has at his disposal a number of avenues to accomplish his goal, one of which includes Lutnick’s agency. Utilizing this route, the Commerce Department could propose adding a census question to distinguish citizens, legal permanent residents, and unauthorized immigrants, as suggested by a lawsuit filed by Republican-led states and the Department of Commerce in January 2025. The data could then be used to exclude noncitizens from apportionment, though not necessarily from the overall count.
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Author: Ray Hilbrich
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