Trump has new plans for the census. Here's what the Constitution says

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.Trump's push for a new census comes as the president urges red states to draw new congressional maps more favorable to Republicans.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 censusThe 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."How it works: The 14th Amendment, ratified in 1868, requires the "whole number of persons in each state" to be counted in the census."Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed," the amendment reads.The text gave the government a tool to help empower the people according to the United States Census Bureau."The plan was to count every person living in the newly created United States of America, and to use that count to determine representation in the Congress," the bureau says on its website.Yes, but: There's debate about how the "actual enumeration" for the census is meant to happen. Some contend the language gives Congress a wide net for its methodology. Who is included in census population counts?Zoom in: The US Census Bureau says the resident population includes "all people (citizens and noncitizens) who are living in the United States at the time of the census.""People are counted at their usual residence, which is the place where they live and sleep most of the time," the bureau explains.The intrigue: Defenders of the census say the current process helps states represent and serve everyone in their state. But critics contend that the Constitution was written "before tens of millions of migrants resided in the country illegally," according to Benjamin Weingarten of RealClearInvestigations.Can Trump order a new census?It's unclear. Trump said in his TruthSocial post Thursday that he urged the Department of Commerce to start working on a new census without specifics.Preparing for the census count is an arduous process that can take several years of planning.The Census Bureau has already started preparing a test census for 2026 and a rehearsal in 2028. "This iterative approach will give the Census Bureau an evidence-based design for the 2030 Census," the bureau says.Flashback: Trump floated a similar idea during his first term. He tried to erase unauthorized immigrants from population counts, while also moved to add a citizenship question a citizenship question to the census. The latter act was blocked by the Supreme Court. Research from the Census Bureau says that questions about one's immigration status could lead to faulty self-reported data, which could mess with population totals.Trump also signed a memo in 2020 that aimed to omit undocumented immigrants from the census count. A lower court deemed the policy unlawful. The Supreme Court later dismissed a lawsuit that challenged the Trump administration's plans.Bottom line: Any changes to the census would likely be met with legal challenges.

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