Trump orders “new” census: What the Constitution allows – Axios

President Trump takes questions from reporters in August 2025. Photo: Win McNamee / Getty Images

Aug 7, 2025 – Politics & Policy

Trump says he’s ordering a new census. Here’s what the Constitution says

By Herb Scribner

President Trump on Thursday called for “a new and highly accurate” census that excludes undocumented immigrants, an unusual move that could set up another legal challenge of the U.S. Constitution.

The big picture: Though it doesn’t exactly spell out a methodology, the Constitution has a pretty clear vision for when the census should happen and how it should calculate population totals.

Driving the news: Trump said his new census would be “based on modern day facts and figures and, importantly, using the results and information gained from the Presidential Election of 2024.”

  • “People who are in our Country illegally WILL NOT BE COUNTED IN THE CENSUS,” he wrote in a TruthSocial post.
  • It’s unclear if Trump is trying to tweak the current plan for the 2030 census or start a new one altogether.
  • The White House and the U.S. Census Bureau did not immediately respond to Axios’ requests for comment.

Reality check: The Constitution laid out the Founding Fathers’ vision for the census and how populations were meant to be counted.

What the Constitution text says about the census

The Constitution’s Article 1, Section 2 stipulated how the population would be counted, though it also featured the “three-fifths compromise.”

  • The Constitution says the census should happen “within every subsequent Term of ten Years, in such Manner as they shall by Law direct.”

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