Ensuring a Lawful and Accurate Enumeration and Apportionment
Jan 25, 2021
Signed by: Joe Biden
Signed on: Jan 20, 2021
Published on: Jan 25, 2021
Jan 25, 2021
Signed by: Joe Biden
Signed on: Jan 20, 2021
Published on: Jan 25, 2021
Summary
Requires the census to count every person living in a state, no matter their immigration status, for determining representation in Congress.
What problem does this solve?
A previous policy tried to exclude people without legal immigration status from the census count used for assigning seats in Congress. This order reverses that policy and makes sure every person living in a state is counted, following the Constitution and long-standing practice.
What does this order do?
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Ensuring that the apportionment base and state-level tabulations include all inhabitants of each state
Mandates counting all residents regardless of immigration status
Requires the Secretary of Commerce to report the total population of each state by counting all persons whose usual residence was in that state, without considering their immigration status.
Revokes previous policies on census and citizenship
Cancels a 2020 presidential memorandum that aimed to exclude undocumented immigrants from the apportionment count and a 2019 executive order about collecting citizenship information.
Affirms equal representation as official U.S. policy
States that it is the official policy of the United States to base congressional reapportionment on the total number of people living in each state, reflecting values of equal representation.
Ensures data quality
Directs the Secretary of Commerce to take all necessary steps to make sure the population information presented to the President and to the states is accurate and follows all laws.
Who does this affect?
- Immigrants and non-citizens
- State governments
- U.S. residents
What is the real world impact?
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Upholds constitutional principles
Reaffirms the historical and constitutional practice of counting every person in the census for apportionment, ensuring that representation is based on the total population of each state as required by the Fourteenth Amendment.
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Could shift political power
Counting non-citizens increases the population count of states with more immigrants. Critics argue this gives those states more seats in Congress and more electoral votes, potentially diluting the political power of citizens in other states.
When does this start?
This order became effective on January 20, 2021, when it was signed.