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The census aims to provide a complete count of the U.S. population along with demographic data.[1] The 2020 census was conducted by the United States Census Bureau. The Bureau is a division of the U.S. Department of Commerce and is overseen by the Economics and Statistics Administration. Statistical information on the population collected through the census every 10 years is used for congressional apportionment and the distribution of federal funds, among other uses.[2] For example, 10 states lost seats and eight states gained seats in the U.S. House of Representatives following the 2010 census.

The decennial census is mandated by Article I, Section 2 of the United States Constitution, and a census has been conducted every 10 years since 1790. The 2020 census was the 24th conducted.[3]

The U.S. Department of Commerce announced in March 2018 that it would include a question on the 2020 census asking about respondents' citizenship status. Following a series of legal challenges, President Donald Trump (R) announced on July 11, 2019, that his administration was ceasing efforts to add a citizenship question to the census. On July 21, 2020, Trump signed a memorandum directing the secretary of commerce to exclude people living in the country illegally from the population count used for congressional apportionment. That memorandum was superseded by an executive order from President Joe Biden (D) directing the secretary of commerce to include people living in the country illegally in the final apportionment report. Read more below.

On January 27, 2021, Kathleen Styles, a Census Bureau official, announced that the bureau intended to deliver its final apportionment report by April 30, 2021. The Census Bureau later announced that it would deliver redistricting data to the states by September 30, 2021 (and, by the terms of a settlement agreement between the Census Bureau and the state of Ohio, the Census Bureau agreed to release redistricting data in a legacy format by August 16, 2021). On April 26, 2021, the Census Bureau released apportionment counts and state-level population data. See below for complete details. On August 12, 2021, the Census Bureau released block-level data, which included county-level demographic information.[4][5][6] The agency was originally scheduled to deliver apportionment counts from the 2020 census to the president of the United States by December 31, 2020, and redistricting data to the states by March 30, 2021.[7]

## Contents

* 1 Apportionment counts and state-level population data
* 2 Process and key dates for the 2020 census
* 2.1 Timeline of developments
* 2.2 Proposed timeline
* 2.3 Proposed operational and timeline adjustments due to coronavirus
* 2.3.1 Delivery of apportionment and redistricting data delayed
* 3 Congressional apportionment
* 3.1 2020 apportionment projections
* 3.2 Historical changes
* 3.2.1 Congressional apportionment after the 2010 census
* 3.2.2 Congressional apportionment after the 2000 census
* 3.2.3 Congressional apportionment after the 1990 census
* 3.3 2010-2020 population changes
* 4 Distribution of federal funds
* 5 Differences between the 2010 and 2020 censuses
* 6 Citizenship and the 2020 census
* 6.1 Trump's directive to exclude people living in the country unlawfully from apportionment base and subsequent challenges; Biden's directive reversing that policy
* 6.2 Legal challenges to the citizenship question
* 7 Footnotes

## Apportionment counts and state-level population data[edit]

See also: Congressional apportionment after the 2020 census

On April 26, 2021, the Census Bureau released congressional apportionment counts and state-level population data. See the map and table below for further information.

Congressional apportionment after the 2020 census

State  | 2020 population  | Post-2020 apportionment[8] | Post-2010 apportionment[9] | Net change, 2010 to 2020
Alabama | 5,030,053 | 7 | 7 | 0
Alaska | 736,081 | 1 | 1 | 0
Arizona | 7,158,923 | 9 | 9 | 0
Arkansas | 3,013,756 | 4 | 4 | 0
California | 39,576,757 | 52 | 53 | -1
Colorado | 5,782,171 | 8 | 7 | 1
Connecticut | 3,608,298 | 5 | 5 | 0
Delaware | 990,837 | 1 | 1 | 0
Florida | 21,570,527 | 28 | 27 | 1
Georgia | 10,725,274 | 14 | 14 | 0
Hawaii | 1,460,137 | 2 | 2 | 0
Idaho | 1,841,377 | 2 | 2 | 0
Illinois | 12,822,739 | 17 | 18 | -1
Indiana | 6,790,280 | 9 | 9 | 0
Iowa | 3,192,406 | 4 | 4 | 0
Kansas | 2,940,865 | 4 | 4 | 0
Kentucky | 4,509,342 | 6 | 6 | 0
Louisiana | 4,661,468 | 6 | 6 | 0
Maine | 1,363,582 | 2 | 2 | 0
Maryland | 6,185,278 | 8 | 8 | 0
Massachusetts | 7,033,469 | 9 | 9 | 0
Michigan | 10,084,442 | 13 | 14 | -1
Minnesota | 5,709,752 | 8 | 8 | 0
Mississippi | 2,963,914 | 4 | 4 | 0
Missouri | 6,160,281 | 8 | 8 | 0
Montana | 1,085,407 | 2 | 1 | 1
Nebraska | 1,963,333 | 3 | 3 | 0
Nevada | 3,108,462 | 4 | 4 | 0
New Hampshire | 1,379,089 | 2 | 2 | 0
New Jersey | 9,294,493 | 12 | 12 | 0
New Mexico | 2,120,220 | 3 | 3 | 0
New York | 20,215,751 | 26 | 27 | -1
North Carolina | 10,453,948 | 14 | 13 | 1
North Dakota | 779,702 | 1 | 1 | 0
Ohio | 11,808,848 | 15 | 16 | -1
Oklahoma | 3,963,516 | 5 | 5 | 0
Oregon | 4,241,500 | 6 | 5 | 1
Pennsylvania | 13,011,844 | 17 | 18 | -1
Rhode Island | 1,098,163 | 2 | 2 | 0
South Carolina | 5,124,712 | 7 | 7 | 0
South Dakota | 887,770 | 1 | 1 | 0
Tennessee | 6,916,897 | 9 | 9 | 0
Texas | 29,183,290 | 38 | 36 | 2
Utah | 3,275,252 | 4 | 4 | 0
Vermont | 643,503 | 1 | 1 | 0
Virginia | 8,654,542 | 11 | 11 | 0
Washington | 7,715,946 | 10 | 10 | 0
West Virginia | 1,795,045 | 2 | 3 | -1
Wisconsin | 5,897,473 | 8 | 8 | 0
Wyoming | 577,719 | 1 | 1 | 0

## Process and key dates for the 2020 census[edit]

### Timeline of developments[edit]

The dates of key developments in the conduct of the 2020 census are provided below in reverse chronological order.

* September 1, 2021: The U.S. Census Bureau announced that it would release easier-to-use formats of the data from the 2020 census at data.census.gov on September 16, 2021. The Bureau also said it would deliver DVDs and flash drives of the data to state legislatures and redistricting authorities on that date.[10] The Bureau had previously announced that it would release this summary data by Sept. 30.[4]
* August 12, 2021: The U.S. Census Bureau released block-level data from the 2020 census, which includes county-level demographic information. This release allows states to begin the process of drawing congressional and state legislative district maps. The Bureau will also release a complete, tabulated version of the census dataset by Sept. 30. According to the Bureau's press release, "The 2020 Census showed that the adult (age 18 and older) population group grew 10.1% to 258.3 million people over the decade," and "The population of U.S. metro areas grew by 9% from 2010 to 2020, resulting in 86% of the population living in U.S. metro areas in 2020, compared to 85% in 2010."[4]
* August 5, 2021: The U.S. Census Bureau announced that it would deliver redistricting data, in a legacy format, on August 12, 2021.[11]
* May 25, 2021: Ohio Attorney General Dave Yost (R) announced that the state had reached a settlement agreement with the Census Bureau in its lawsuit over the Census Bureau's timetable for delivering redistricting data. Under the terms of the settlement, the Census Bureau agreed to deliver redistricting data, in a legacy format, by August 16, 2021.[12]
* April 26, 2021: The U.S. Census Bureau released apportionment counts and state-level population data.[13]
* March 15, 2021: The U.S. Census Bureau announced that redistricting data could be made available to states in a legacy format by mid-to-late August 2021.: "In declarations recently filed in the case of Ohio v. Raimondo, the U.S. Census Bureau made clear that we can provide a legacy format summary redistricting data file to all states by mid-to-late August 2021. Because we recognize that most states lack the capacity or resources to tabulate the data from these summary files on their own, we reaffirm our commitment to providing all states tabulated data in our user-friendly system by Sept. 30, 2021."[14]
* February 12, 2021: The U.S. Census Bureau announced that it would deliver redistricting data to the states by September 30, 2021. The original deadline for delivering these data sets was April 1, 2021.[5]
* January 27, 2021: Kathleen Styles, an official at the U.S. Census Bureau, announced that the bureau intended to deliver its final apportionment report by April 30, 2021. The original deadline for delivering the apportionment report was December 31, 2020. Styles also said the bureau hoped to release redistricting data after July 31, 2021.[6]
* January 20, 2021: President Joe Biden (D) issued an executive order directing the Secretary of Commerce to include in the final apportionment report the "tabulation of total population by State that reflects the whole number of persons whose usual residence was in each State as of the designated census date in section 141(a) of title 13, United States Code, without regard to immigration status." This effectively overturned President Donald Trump's (R) earlier directive to the contrary.[15]
* November 19, 2020: U.S. Census Bureau Director Steve Dillingham announced that, "during post-collection processing, certain processing anomalies [had] been discovered." Dillingham said that he had directed the bureau "to utilize all resources available to resolve this as expeditiously as possible."[16] Also on November 19, 2020, The New York Times reported that "a growing number of snags in the massive data-processing operation that generates population totals had delayed the completion of population calculations at least until January 26, [2021], and perhaps to mid-February."[17]

For a detailed timeline covering challenges to the proposed citizenship question on the 2020 census, click here.

### Proposed timeline[edit]

The proposed timeline below, from the U.S. Census Bureau website, highlights key projected dates and activities in the development of the census from 2019 through 2020. The image to the right shows the census process from 2013 through 2021; click on the image to enlarge.

“  |

* January – March 2019: The U.S. Census Bureau opens 39 area census offices. These offices open early to support Address Canvassing.
* June – September 2019: The Census Bureau opens the remaining 209 area census offices. The offices support and manage the census takers who work all over the country to conduct the census.
* August 2019: The Census Bureau conducts in-field address canvassing. Census takers visit areas that have added or lost housing in recent years to ensure that the Census Bureau's address list is up to date.
* January 2020: The Census Bureau begins counting the population in remote Alaska.
* April 1, 2020: Census Day is observed nationwide. By this date, households will receive an invitation to participate in the 2020 Census. You'll then have three options for responding: online, by mail, or by phone.
* April 2020: Census takers begin following up with households around selected colleges and universities. Census takers also begin conducting quality check interviews.
* May 2020: The Census Bureau begins following up with households that have not responded.
* December 2020: The Census Bureau delivers apportionment counts to the president.[18]

| ”

|
|

The Census Bureau estimated that 95 percent of households would receive mailed invitations to participate in the census, almost 5 percent would receive an invitation from a census taker (such as households where mail is not delivered), and less than 1 percent would have residents counted in person (including households in rural Maine and Alaska). Most households were invited to participate online, with paper questionnaires only sent if no online response was received after follow-up attempts.[19]

### Proposed operational and timeline adjustments due to coronavirus[edit]

See also: Political responses to the coronavirus (COVID-19) pandemic, 2020

In response to the coronavirus pandemic, the Bureau asked Congress to delay the deadline for delivering apportionment counts to the president to April 30, 2021, and for releasing counts to the states to July 31, 2021. The Bureau also proposed ending its count by October 31, 2020. Congress did not pass legislation changing the statutory deadlines. The Bureau stated it would aim to meet the original statutory deadlines and that it would cease counting on September 30.[7][20]

On September 3, the National Urban League filed an emergency request on behalf of several challengers requesting a court order to extend census counting through October. On September 5, Judge Lucy Koh of the United States District Court for the Northern District of California issued a temporary restraining order to stop the Bureau from winding down its count.[20] On September 24, Koh issued a preliminary injunction requiring the Bureau to continue counting until October 31. The Justice Department filed a notice of appeal on September 25.[21]

On October 13, the U.S. Supreme Court issued an emergency order granting the U.S. Department of Commerce's request to pause the lower court decision that required the population count to continue through October 31 while the United States Court of Appeals for the Ninth Circuit looks at the case. The order was unsigned, with the exception of a dissent by Justice Sonia Sotomayor.[22]

The Bureau had published the following proposed adjustments on June 16, 2020:[23]

#### Delivery of apportionment and redistricting data delayed[edit]

As a result of the aforementioned operational and timeline adjustments, the U.S. Census Bureau did not deliver apportionment counts to President Donald Trump (R) by December 31, 2020. According to reporting by the Associated Press, the bureau was expected to deliver the counts "in early 2021, as close to the missed deadline as possible."[24]

On January 27, 2021, Kathleen Styles, a Census Bureau official, announced that the bureau intended to deliver its final apportionment report by April 30, 2021. Styles also said the bureau hoped to release redistricting data after July 31, 2021.[6] On February 12, 2021, the Census Bureau announced that it would deliver redistricting data to the states by September 30, 2021. The Census Bureau later announced it would release redistricting data in a legacy format in mid-to-late August, a timeline that was confirmed in a settlement agreement between the Census Bureau and the state of Ohio. Under the terms of that settlement agreement, the Census Bureau agreed to release the redistricting data, in a legacy format, by August 16, 2021.[5]

On August 5, 2021, the U.S. Census Bureau announced that it would deliver redistricting data, in a legacy format, on August 12, 2021.[11]

## Congressional apportionment[edit]

See also: Redistricting and State-by-state redistricting procedures

Census results are used to determine congressional apportionment (how many seats in the U.S. House of Representatives a state has). Article I, Section 2 of the United States Constitution requires that congressional representatives be apportioned to the states on the basis of population. Consequently, a state may gain seats in the United States House of Representatives if its population grows or lose seats if its population decreases, relative to populations in other states. There are 435 seats in the United States House of Representatives. Several states also use census data for state legislative apportionment.[25]

Census results also affect the number of electoral votes states have in presidential elections, as the number of Electoral College votes allocated to each state is the same as its number of U.S. representatives plus two for its two U.S. senators.[26]

In 1964, the United States Supreme Court ruled in Wesberry v. Sanders that the populations of House districts must be equal "as nearly as practicable."[27][28][29] Each state has its own procedures for drawing congressional and state legislative district lines. Click here for more information on how each state draws its district lines.

### 2020 apportionment projections[edit]

At the end of 2019, the Census Bureau released population estimates for all 50 states as of July 1, 2019.[30] Based on the data, several outlets released projections of which states may gain or lose congressional seats, and how many, following the 2020 census. Two projections are shown in the table below.

The two outlets used different methods. The Wall Street Journal analyzed what congressional apportionment would look like if it were based on 2019 population data.[31] Election Data Services, which describes itself as "a political consulting firm specializing in redistricting, election administration, and the analysis and presentation of census and political data," used trend data from 2011-2019, 2015-2019, 2017-2019, and 2018-2019. Each of Election Data Services' data sets yielded the same projection for state gains and losses.[32][33]

Neither outlet projected changes in apportionment for states not included in the tables below.

States projected to gain seats

State  | Wall Street Journal (based on 2019 estimates)  | Election Data Services (based on trend data)
Arizona | +1 | +1
Colorado | +1 | +1
Florida | +1 | +2
Montana | +1 | +1
North Carolina | +1 | +1
Oregon | +1 | +1
Texas | +2 | +3

States projected to lose seats

State  | Wall Street Journal (based on 2019 estimates)  | Election Data Services (based on trend data)
Alabama | No projected change | -1
California | -1 | -1
Illinois | -1 | -1
Michigan | -1 | -1
Minnesota | -1 | -1
New York | -1 | -1
Ohio | No projected change | -1
Pennsylvania | -1 | -1
Rhode Island | -1 | -1
West Virginia | -1 | -1

### Historical changes[edit]

#### Congressional apportionment after the 2010 census[edit]

Following the 2010 census, 10 states lost seats in the U.S. House and eight states gained seats. The map and table below show the number of seats lost or gained by those states. If a state is not listed below, its number of seats remained constant between census apportionment cycles.[34]

Apportionment after the 2010 census

States that lost seats  | States that gained seats
Illinois (-1) | Arizona (+1)
Iowa (-1) | Florida (+2)
Louisiana (-1) | Georgia (+1)
Massachusetts (-1) | Nevada (+1)
Michigan (-1) | South Carolina (+1)
Missouri (-1) | Texas (+4)
New Jersey (-1) | Utah (+1)
New York (-2) | Washington (+1)
Ohio (-2) |
Pennsylvania (-1) |

#### Congressional apportionment after the 2000 census[edit]

After the 2000 census, 10 states lost U.S. House seats and eight states gained seats.[34]

Apportionment after the 2000 census

States that lost seats  | States that gained seats
Connecticut (-1) | Arizona (+2)
Illinois (-1) | California (+1)
Indiana (-1) | Colorado (+1)
Michigan (-1) | Florida (+2)
Mississippi (-1) | Georgia (+2)
New York (-2) | Nevada (+1)
Ohio (-1) | North Carolina (+1)
Oklahoma (-1) | Texas (+2)
Pennsylvania (-2) |
Wisconsin (-1) |

#### Congressional apportionment after the 1990 census[edit]

Following the 1990 census, 13 states lost U.S. House seats and eight states gained seats.[35]

Apportionment after the 1990 census

States that lost seats  | States that gained seats
Illinois (-2) | Arizona (+1)
Iowa (-1) | California (+7)
Kansas (-1) | Florida (+4)
Kentucky (-1) | Georgia (+1)
Louisiana (-1) | North Carolina (+1)
Massachusetts (-1) | Texas (+3)
Michigan (-2) | Virginia (+1)
Montana (-1) | Washington (+1)
New Jersey (-1) |
New York (-3) |
Ohio (-2) |
Pennsylvania (-2) |
West Virginia (-1) |

### 2010-2020 population changes[edit]

The map and table below present changes in each state's population between the 2010 census and July 1, 2020, estimates by the Census Bureau.[36]

2010-2020 population changes

State  | 2010 census population  | July 1, 2020, population estimate  | Raw change  | Percentage change
Alabama | 4,779,736 | 4,921,532 | 141,796 | 2.97%
Alaska | 710,231 | 731,158 | 20,927 | 2.95%
Arizona | 6,392,017 | 7,421,401 | 1,029,384 | 16.10%
Arkansas | 2,915,918 | 3,030,522 | 114,604 | 3.93%
California | 37,253,956 | 39,368,078 | 2,114,122 | 5.67%
Colorado | 5,029,196 | 5,807,719 | 778,523 | 15.48%
Connecticut | 3,574,097 | 3,557,006 | -17,091 | -0.48%
Delaware | 897,934 | 986,809 | 88,875 | 9.90%
District of Columbia | 601,723 | 712,816 | 111,093 | 18.46%
Florida | 18,801,310 | 21,733,312 | 2,932,002 | 15.59%
Georgia | 9,687,653 | 10,710,017 | 1,022,364 | 10.55%
Hawaii | 1,360,301 | 1,407,006 | 46,705 | 3.43%
Idaho | 1,567,582 | 1,826,913 | 259,331 | 16.54%
Illinois | 12,830,632 | 12,587,530 | -243,102 | -1.89%
Indiana | 6,483,802 | 6,754,953 | 271,151 | 4.18%
Iowa | 3,046,355 | 3,163,561 | 117,206 | 3.85%
Kansas | 2,853,118 | 2,913,805 | 60,687 | 2.13%
Kentucky | 4,339,367 | 4,477,251 | 137,884 | 3.18%
Louisiana | 4,533,372 | 4,645,318 | 111,946 | 2.47%
Maine | 1,328,361 | 1,350,141 | 21,780 | 1.64%
Maryland | 5,773,552 | 6,055,802 | 282,250 | 4.89%
Massachusetts | 6,547,629 | 6,893,574 | 345,945 | 5.28%
Michigan | 9,883,640 | 9,966,555 | 82,915 | 0.84%
Minnesota | 5,303,925 | 5,657,342 | 353,417 | 6.66%
Mississippi | 2,967,297 | 2,966,786 | -511 | -0.02%
Missouri | 5,988,927 | 6,151,548 | 162,621 | 2.72%
Montana | 989,415 | 1,080,577 | 91,162 | 9.21%
Nebraska | 1,826,341 | 1,937,552 | 111,211 | 6.09%
Nevada | 2,700,551 | 3,138,259 | 437,708 | 16.21%
New Hampshire | 1,316,470 | 1,366,275 | 49,805 | 3.78%
New Jersey | 8,791,894 | 8,882,371 | 90,477 | 1.03%
New Mexico | 2,059,179 | 2,106,319 | 47,140 | 2.29%
New York | 19,378,102 | 19,336,776 | -41,326 | -0.21%
North Carolina | 9,535,483 | 10,600,823 | 1,065,340 | 11.17%
North Dakota | 672,591 | 765,309 | 92,718 | 13.79%
Ohio | 11,536,504 | 11,693,217 | 156,713 | 1.36%
Oklahoma | 3,751,351 | 3,980,783 | 229,432 | 6.12%
Oregon | 3,831,074 | 4,241,507 | 410,433 | 10.71%
Pennsylvania | 12,702,379 | 12,783,254 | 80,875 | 0.64%
Rhode Island | 1,052,567 | 1,057,125 | 4,558 | 0.43%
South Carolina | 4,625,364 | 5,218,040 | 592,676 | 12.81%
South Dakota | 814,180 | 892,717 | 78,537 | 9.65%
Tennessee | 6,346,105 | 6,886,834 | 540,729 | 8.52%
Texas | 25,145,561 | 29,360,759 | 4,215,198 | 16.76%
Utah | 2,763,885 | 3,249,879 | 485,994 | 17.58%
Vermont | 625,741 | 623,347 | -2,394 | -0.38%
Virginia | 8,001,024 | 8,590,563 | 589,539 | 7.37%
Washington | 6,724,540 | 7,693,612 | 969,072 | 14.41%
West Virginia | 1,852,994 | 1,784,787 | -68,207 | -3.68%
Wisconsin | 5,686,986 | 5,832,655 | 145,669 | 2.56%
Wyoming | 563,626 | 582,328 | 18,702 | 3.32%

## Distribution of federal funds[edit]

The Census Bureau states that the population count on the decennial census along with demographic breakdowns by sex, race, age, and other factors is the basis for "distributing more than $675 billion in federal funds annually to support states, counties and communities’ vital programs — impacting housing, education, transportation, employment, health care and public policy."[37]

## Differences between the 2010 and 2020 censuses[edit]

The 2020 census was the first in which people had the option to respond online. Participants could also respond over the phone or by mail on a paper questionnaire. Households received invitations to participate by April 1, 2020.[38]

As of April 2019, the 2020 census was estimated to cost $15.6 billion, compared to $12.3 billion (in 2020 dollars) in 2010.[39] The Bureau offered the following breakdown of 2020 cost estimates compared to 2010, along with a consideration of contingency funds, on June 10, 2019:

“  |

The actual cost of the 2010 Census in 2020 inflation-adjusted dollars was $92 per housing unit, while Congress appropriated $106 per housing unit. Comparatively, the 2020 Census, as currently designed, is expected to cost $108 per housing unit in 2020 inflation-adjusted dollars including usage of all estimated contingency and $87 per housing unit without estimated contingency. The level of contingency funds ultimately required to conduct a 2020 Census of the highest quality will determine whether the actual inflation-adjusted cost per housing of the 2020 Census is higher or lower than that of the 2010 Census. To optimize operational efficiency while maintaining quality, the Census Bureau will conduct the most automated, modern, and dynamic decennial census in history.[40][18]

| ”

|
|

## Citizenship and the 2020 census[edit]

### Trump's directive to exclude people living in the country unlawfully from apportionment base and subsequent challenges; Biden's directive reversing that policy[edit]

On July 21, 2020, President Donald Trump (R) signed a memorandum directing the secretary of commerce to exclude people living in the country illegally from the population count used for congressional apportionment. A panel of three federal judges blocked the memo on September 10, 2020.[41]

The memo referred to data on citizenship Trump directed executive departments and agencies to share with the department of commerce in 2019. The memo said, "Current estimates suggest that one State is home to more than 2.2 million illegal aliens, constituting more than 6 percent of the State’s entire population. Including these illegal aliens in the population of the State for the purpose of apportionment could result in the allocation of two or three more congressional seats than would otherwise be allocated."[42]

Common Cause filed a lawsuit in the U.S. District Court for the District of Columbia on July 23. The complaint read, "This new policy flouts the Constitution’s plain language, which states that '[r]epresentatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state,' excluding only 'Indians not taxed.' ... It also flies in the face of the statutory scheme governing apportionment, which requires the President to include 'the whole number of persons in each State' in the apportionment base—again, excluding only 'Indians not taxed.'"

A group of 20 states and 15 cities filed a lawsuit in New York federal court on July 24. The lawsuit said, "For 150 years — since the United States recognized the whole personhood of those formerly bound in slavery — the unambiguous requirement that all persons be counted for apportionment purposes, regardless of immigration status, has been respected by every executive official, every cabinet officer, and every President. Until now."[43]

California filed a separate lawsuit on July 28.[44]

On September 10, a three-judge panel blocked Trump's memo, ruling that it violated a law that the commerce secretary send a single tabulation to the president. The panel also said that "so long as they reside in the United States, illegal aliens qualify as ‘persons in’ a ‘State’ as Congress used those words."[41]

On September 16, the Department of Justice gave notice that it was appealing the panel's decision to the U.S. Supreme Court.[45] The Supreme Court issued its ruling on December 18, finding that "judicial resolution of this dispute is premature."[46][47]

On January 13, 2021, NPR reported that the U.S. Census Bureau had "halted all work on President Trump's directive to produce a state-by-state count of unauthorized immigrants." This largely rendered moot legal challenges to Trump's directive.[48]

On January 20, 2021, President Joe Biden (D) issued an executive order directing the Secretary of Commerce to include in the final apportionment report the "tabulation of total population by State that reflects the whole number of persons whose usual residence was in each State as of the designated census date in section 141(a) of title 13, United States Code, without regard to immigration status." This effectively overturned Trump's earlier directive to the contrary.[49]

### Legal challenges to the citizenship question[edit]

See also: Challenges to citizenship question on 2020 U.S. census

Trump announced on July 11, 2019, that his administration was ceasing efforts to add a citizenship question to the 2020 census. Instead, Trump issued an executive order directing federal government agencies to provide citizenship information to the United States Department of Commerce. Trump issued the executive order in response to the United States Supreme Court's June 27 ruling in Department of Commerce v. New York, which held that the Trump administration's decision to add a citizenship question to the census was constitutional, but that Commerce Secretary Wilbur Ross' rationale for the decision was inconsistent with the administrative record. The justices remanded the case to the agency for further review.

Before the United States Supreme Court's decision, three federal district judges had blocked the citizenship question from appearing on the 2020 census forms. The judges ruled separately that the agency process resulting in the addition of the question on the census violated administrative procedure under the Administrative Procedure Act (APA), that the question would hinder the federal government's duty under the U.S. Constitution's Enumeration Clause to count every individual living in the United States, and that Ross' decision to add the question violated the Census Act.

Click here for a timeline of challenges to the citizenship question on the 2020 U.S. census.

## Footnotes[edit]

1. ↑ U.S. Census Bureau, "Questions Planned for the 2020 Census and American Community Survey," March 2018
2. ↑ U.S. Census Bureau, "What We Do," accessed May 31, 2016
3. ↑ U.S. Census Bureau, "History: Overview," accessed August 2, 2019
4. ↑ 4.0 4.1 4.2 United States Census Bureau, "2020 Census Statistics Highlight Local Population Changes and Nation’s Racial and Ethnic Diversity," August 12, 2021
5. ↑ 5.0 5.1 5.2 United States Census Bureau, "Census Bureau Statement on Redistricting Data Timeline," February 12, 2021
6. ↑ 6.0 6.1 6.2 Associated Press, "US House data not ready until April, states’ data after July," January 27, 2021
7. ↑ 7.0 7.1 United States Census Bureau, "2020 Census Operational Adjustments Due to COVID-19," accessed August 7, 2020
8. ↑ United States Census Bureau, "2010 Census Apportionment Results," December 2010
9. ↑ Cite error: Invalid `<ref>` tag; no text was provided for refs named `initialdata`
10. ↑ United States Census Bureau, "Census Bureau Announces Release Date for Easier-to-Use Formats for Redistricting Data," September 1, 2021
11. ↑ 11.0 11.1 United States Census Bureau, "Census Bureau to Hold News Conference on Release of 2020 Census Redistricting Data," August 5, 2021
12. ↑ Office of the Attorney General of Ohio, "AG Yost Secures Victory for Ohioans in Settlement with Census Bureau Data Lawsuit," May 25, 2021
13. ↑ United States Census Bureau, "Census Bureau to Release 2020 Census Population Counts for Apportionment," April 26, 2021
14. ↑ United States Census Bureau, "U.S. Census Bureau Statement on Release of Legacy Format Summary Redistricting Data File," March 15, 2021
15. ↑ The White House, "Executive Order on Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census," January 20, 2021
16. ↑ United States Census Bureau, "Statement from Census Bureau Director Steve Dillingham," November 19, 2020
17. ↑ The New York Times, "Census Officials Say They Can’t Meet Trump’s Deadline for Population Count," November 19, 2020
18. ↑ 18.0 18.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
19. ↑ United States Census Bureau, "How the 2020 Census will invite everyone to respond," May 9, 2019
20. ↑ 20.0 20.1 NPR, "Census Work Has Been Winding Down, But A Judge Says It Needs To Press On For Now," September 5, 2020
21. ↑ Jurist, "Federal judge blocks Trump administration bid to end census early," September 27, 2020
22. ↑ The Washington Post, "Supreme Court says Trump administration can shut down census count now, despite fears of an undercount," October 13, 2020
23. ↑ United States Census 2020, "2020 Census Operational Adjustments Due to COVID-19," June 17, 2020
24. ↑ Yahoo! News, "Census Bureau to miss deadline, jeopardizing Trump plan," December 30, 2020
25. ↑ NCSL, "Redistricting and Use of Census Data," July 8, 2019
26. ↑ U.S. Electoral College, "Distribution of Electoral Votes," December 10, 2010
27. ↑ Brennan Center for Justice, "A Citizen's Guide to Redistricting," accessed March 25, 2015
28. ↑ The Constitution of the United States of America, "Article 1, Section 2," accessed March 25, 2015
29. ↑ All About Redistricting, "Where are the lines drawn?" accessed April 9, 2015
30. ↑ United States Census Bureau, "State Population Totals and Components of Change: 2010-2019," December 30, 2019
31. ↑ The Wall Street Journal, "Political Power Set to Continue Shift to Southern States, Data Show," December 30, 2019
32. ↑ Election Data Services, "Montana Gains California’s Seat With New 2019 Census Estimates; But Alabama & Ohio to also lose by 2020," December 30, 2019
33. ↑ Election Data Services, "About," accessed January 1, 2020
34. ↑ 34.0 34.1 United States Census Bureau, "Congressional Apportionment, 2010 Census Briefs," November 2011
35. ↑ United States Census Bureau, "Congressional Apportionment, 2000 Census Brief," July 2001
36. ↑ United States Census Bureau, "July 1, 2020 Estimates of Population and Housing Units," December 22, 2020
37. ↑ United States Census Bureau, "2020 Census," accessed August 6, 2019
38. ↑ United States Census 20202, "Ways to Respond to the Census," accessed August 6, 2019
39. ↑ The Washington Post, "What’s new for the 2020 Census?" April 2, 2019
40. ↑ U.S. Census Bureau, "2020 Census Life-Cycle Cost Estimate Executive Summary," June 10, 2019
41. ↑ 41.0 41.1 Wall Street Journal, "2020 Census Must Count Illegal Immigrants When Allocating House Seats, Judges Rule," September 10, 2020
42. ↑ WhiteHouse.gov, "Memorandum on Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census," July 21, 2020
43. ↑ NBC News, "'Unlawful': Coalition of states sues Trump over bid to omit undocumented immigrants from census," July 24, 2020
44. ↑ Associated Press, "California sues over Trump order on congressional maps," July 28, 2020
45. ↑ Courthouse News, "Trump Administration Fights to Enforce Census Change Blocked by Court," September 17, 2020
46. ↑ CNBC, "Supreme Court will hear Trump appeal to exclude undocumented immigrants from census count," October 16, 2020
47. ↑ Supreme Court of the United States, "Trump v. New York: Opinion," December 18, 2020
48. ↑ NPR, "Census Bureau Stops Work On Trump's Request For Unauthorized Immigrant Count," January 13, 2021
49. ↑ The White House, "Executive Order on Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census," January 20, 2021

v • e

Redistricting after the 2020 census

State-by-state|

Alabama • Alaska • Arizona • Arkansas • California • Colorado • Connecticut • Delaware • Florida • Georgia • Hawaii • Idaho • Illinois • Indiana • Iowa • Kansas • Kentucky • Louisiana • Maine • Maryland • Massachusetts • Michigan • Minnesota • Mississippi • Missouri • Montana • Nebraska • Nevada • New Hampshire • New Jersey • New Mexico • New York • North Carolina • North Dakota • Ohio • Oklahoma • Oregon • Pennsylvania • Rhode Island • South Carolina • South Dakota • Tennessee • Texas • Utah • Vermont • Virginia • Washington • West Virginia • Wisconsin • Wyoming

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Overviews|

Congressional apportionment after the 2020 census • Congressional district maps implemented after the 2020 census • Partisan composition of redistricting committees, 2020 cycle • Redistricting lawsuits in the 2020 redistricting cycle • State legislative and congressional redistricting after the 2020 census • Status of redistricting after the 2020 census • State legislative district maps implemented after the 2020 census • State redistricting deadlines after the 2020 census • United States House of Representatives elections with multiple incumbents, 2022 • Redistricting apps and software available for the 2020 cycle

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