In a recent statement made by Commerce Secretary Howard Lutnick of the Trump administration, it has been clarified that the ultimate authority over the national census lies with Congress and not President Trump. This crucial information comes less than a week after the president’s announcement of a prospective “new” census.

During a town-hall event for Census Bureau employees, Lutnick emphasized that the responsibility for the national head count, critical for reshaping election maps and federal funding allocation, rests with Congress. Reports indicate that Lutnick also highlighted the importance of distinguishing between legal and undocumented residents when conducting the census. Furthermore, he proposed that individuals living in the U.S. without legal status should be counted as such, emphasizing the need for accurate demographic data.

The context of Lutnick’s statements is amplified by a GOP-led initiative to leverage census data for the redrawing of congressional voting maps in states like Texas, a move seemingly aimed at retaining Republican control over the House of Representatives in the upcoming midterm elections. Notably, there have been discussions among Trump, Florida Governor Ron DeSantis, and several GOP lawmakers regarding the possibility of conducting a census before the scheduled 2030 count. This ambitious timeline has been met with skepticism from census experts who assert that the intricate nature of census preparations typically demands more than a decade of lead time.

Understanding the legal complexities involved, Lutnick’s acknowledgment of Congress’s pivotal role in the census process marks a significant development within the Trump administration. The reference to Trump’s social media post advocating for the exclusion of undocumented individuals in the census underscores the constitutional mandate to count all persons within each state, as stipulated by the 14th Amendment.

Despite Trump’s call for a revised census methodology, the underlying legal framework precludes the arbitrary exclusion of specific populations in contravention of constitutional provisions. Lutnick’s commitment, reiterated during congressional testimony, to upholding the constitutional mandate of counting each person serves as a resounding affirmation of the Census Bureau’s duty to ensure an inclusive and accurate count.

The Constitution grants Congress the authority to oversee the census process, facilitating a systematic and rigorous enumeration of the population. Title 13 of the U.S. Code, delineating the census protocol, underscores the statutory basis for the once-a-decade enumeration cycle. While a mid-decade census option exists in 2025, its utility is constrained by legal limitations, including the inability to redistribute House seats.

In response to inquiries about Lutnick’s stance on the census methodology and potential inclusion of immigration-related questions, the Commerce Department, under Lutnick’s leadership, expressed a commitment to leveraging modern technology for enhanced data analysis. This proactive approach underscores the department’s dedication to ensuring the accuracy and integrity of census data, in compliance with legal mandates and constitutional principles.

In conclusion, the recent statements by Commerce Secretary Lutnick reaffirm the primacy of congressional oversight in shaping the national census landscape, underscoring the foundational principles of inclusivity and adherence to constitutional imperatives in the census-taking process. As the administration navigates the complexities of census implementation, the recognition of legal boundaries and the commitment to upholding the constitutional mandate of counting each person remain pivotal in ensuring the integrity and validity of the national head count.