Presidential Memorandum on Excluding Undocumented Immigrants from the Apportionment Base Following the 2020 Census

President Trump issued a memo on 7/21/20 to the Secretary of Commerce noting that for the purpose of the reapportionment of representatives following the 2020 census, any immigrants who are not in a lawful immigration status under the INA will be excluded from the apportionment base. (85 FR 44679, 7/23/20)

Memorandum of July 21, 2020

Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census

Memorandum for the Secretary of Commerce

Note: This Presidential Memorandum was revoked on January 20, 2021.

Related Resources

• President Biden Issues Executive Order Revoking Prior Presidential Actions Excluding Undocumented Immigrants from the Apportionment Base Following the Decennial Census (1/20/21)
• District Court Blocks Trump’s Memo Excluding Undocumented Immigrants from Census (State of New York, et al. v. Trump, et al., 9/10/20)
• White House Fact Sheet on Presidential Memorandum Regarding Apportionment
• Statement from the President Regarding Apportionment
• ACLU: ACLU Calls Trump Anti-Immigrant Census Order Unconstitutional - July 21, 2020
• Presidential Executive Order on Collecting Information about Citizenship Status in Connection with the Decennial Census (84 FR 33821, 7/16/19)
• DHS Publishes Privacy Impact Assessment on Immigration-Related Information Sharing with U.S. Census Bureau