The census has never asked respondents their immigration status. Under Trump in 2020, could it?
The 2020 Census could mark the first time the survey asks whether a respondent is in this country legally or not. But could that produce negative effects even for citizens?
What the bill does
The Census Accuracy Act would mandate the 2020 Census includes a checkbox for respondents to answer from one of four options: citizen, permanent resident, has been granted legal status, or none of the above.
The Census’s goal has always been to count every person living in the United States at the time, regardless of their legal status. But a respondent’s legal status has never specifically been asked on the form before.
Numbered H.R. 3600, the bill was introduced in July by Rep. Steve King (R-IA4).
What supporters say
Supporters argue the bill will help gain a more accurate count of the number of undocumented immigrants in the America.
“For the last 15 years, I have heard the same figure advanced by Amnesty proponents regarding the number of illegal aliens in the country. In fact, I believe the number of illegal aliens in the country is far higher than many suppose,” King said in a press release. “The Census should be better equipped to measure this number so that policy makers can take appropriate actions to reduce the deleterious impact illegal immigration has on our nation.”
What opponents say
Critics worry including the question could plummet Census participation among the undocumented, for fear of deportation or government targeting.
“[The Constitution] requires a count of all ‘persons residing in the United States, not just citizens or legal residents,” Andrew Reamer and Audrey Singer wrote for the Brookings Institution. “The framers intended the census to be an inclusive count and so avoided the term ‘citizen’ used elsewhere throughout the Constitution.”
That in turn could produce second-order effects, such as decreased congressional representation in states with higher numbers of undocumented immigrants — even though the Constitution requires that non-citizen residents count toward congressional apportionment. That’s mostly blue states such as California, New York, New Jersey, and Illinois, although it includes swing states like Florida and even red states like Texas.
Where does Trump stand?
President Trump has not yet weighed in publicly on the legislation, but it seems in keeping with some his administration’s other immigration policies. If he came out in support, it could certainly build momentum for the bill.
Trump has an ally in the bill’s lead sponsor, King. When Trump floated ending the longstanding practice of birthright citizenship on the campaign trail last year, King introduced the bill to make it happen in Congress. (The legislation never received a vote, and Trump does not appear to have mentioned the idea again since taking office.)
Odds of passage
Proposals to ask new Census questions, especially on a controversial topic, have already been overturned earlier this year. The Census Bureau announced in March they were considering asking respondents their sexual orientation in 2020, a plan they quickly overturned after public outcry.
The bill has not yet attracted any cosponsors. It awaits a vote in the House Oversight and Government Reform Committee.
This article was written by GovTrack Insider staff writer Jesse Rifkin.
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