ORLANDO, Fla. — As the countdown begins to the next U.S. census, set for 2030, two significant lawsuits working their way through federal courts could have far-reaching implications on how the count will be conducted and ultimately who will be counted.
The legal actions are spearheaded by allies of former President Donald Trump, challenging aspects of the once-a-decade census administered by the U.S. Census Bureau. These legal challenges are pivotal as they influence both congressional representation and the allocation of federal resources to the states.
In response to the lawsuits, a Democratic law firm is stepping in, aiming to ensure that the Justice Department actively defends the bureau's practices. There have been no indications yet that the Justice Department plans to relent in its defense, and lawyers within the department have already moved to dismiss one of the cases.
The Legal Challenges
One lawsuit, filed in Florida by America First Legal, which was co-founded by Stephen Miller, former Trump advisor, contests the methods the Census Bureau employs to safeguard participant privacy and ensure all individuals in group settings, such as dormitories and nursing homes, are counted accurately. The suit aims to halt these practices for the upcoming 2030 census and calls for the revision of the 2020 census numbers, asserting that these methods undermine equal representation in violation of constitutional mandates.
The second lawsuit, initiated in Louisiana by a coalition of Republican attorneys general and the Federation for American Immigration Reform, targets the inclusion of undocumented immigrants in the census data used for redistricting congressional districts. Their objective is to exclude such individuals from the apportionment counts.
In both instances, various advocacy organizations aligned with Democratic interests have sought to intervene, expressing concern that the Justice Department's defenses may not be robust.
In Florida, a judge allowed a retirees' association and university students to join the case as intervenors amid fears of a detrimental impact on the electoral process should the conservative litigation succeed. In the Louisiana case, government attorneys have countered claims regarding the need for intervention, stating that the Justice Department has been consistent in its defense strategies.
Aligning with Trump’s Agenda
The legal efforts align closely with facets of Trump's policy agenda, even though the 2030 census will unfold under a different presidential administration, as Trump's term concludes in January 2029. Historically, Trump sought to inhibit the counting of undocumented immigrants during his first term, a position encapsulated in the ongoing legal disputes.
Past attempts to adjust census practices or introduce changes aimed at excluding non-citizens have already been reversed since President Biden took office. Current congressional Republicans are advocating for legislation aimed at eliminating noncitizens from future apportionment processes—an initiative that may lead to reduced headcounts in states traditionally housing large immigrant populations.
The U.S. Constitution mandates counting “the whole number of persons in each state” for apportionment purposes. The figures derived from this count are critical, guiding the distribution of $2.8 trillion in federal resources related to infrastructure and social programs.
While these lawsuits unfold, the Census Bureau is moving forward with plans for the 2030 count, which includes conducting practice runs in multiple locations this year amidst the parallel legal proceedings.





















