Supreme Court will hear Trump appeal to exclude undocumented immigrants from census count used to determine congressional districts

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RELATED: Illegal Immigrants Distort Congressional Representation and Federal Programs

  • The Supreme Court will hear arguments Nov. 30 on Trump administration appeal that seeks to exclude the tally of undocumented immigrants in the U.S. from the census data used to calculate the apportionment of congressional districts.
  • President Donald Trump had said in July that the new policy would not count such immigrants for that purpose, but an appeals court blocked his plan.

The order came three days after the Supreme Court issued a decision that allowed the Trump administration to end field operations for the 2020 census effective that day, even as the 9th Circuit Court of Appeals still considers a pending appeal that seeks to extend the count.

If the Trump administration wins the appeal regarding undocumented immigrants, states with relatively large numbers of such immigrants could lose seats in the House of Representatives.

A federal appeals court in Manhattan in September blocked the administration from excluding undocumented residents from the count determining congressional apportionment, two months after President Donald Trump announced his plan to do so.

The appeals court noted in its ruling that throughout American history, the census tally of people in each state used to determine how many seats a state gets in the House of Representatives has “included every person residing in the United States at the time of the census, whether citizen or non-citizen and whether living here with legal status or without.”


A group of 22 states, the District of Columbia and 15 cities and counties, as well as the United States Conference of Mayors and a number of nongovernmental organizations had challenged the Trump administration on the plan.

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