District of Columbia — In some remarks prior to his departure on Marine One this morning, President Donald Trump said he is considering issuing an executive order that would add a question asking the citizenship status of census respondents to the 2020 census.
The inclusion of a citizenship question to the 2020 census has been criticized by the left, who claim that the Trump administration is attempting to suppress census turnout of illegal immigrants, which would in turn effect their federal representation for the next decade. In the ruling Department of Commerce v. New York, the Supreme Court ruled that the citizenship question is legal under the Enumeration clause, but it determined that lower courts can review it and that the administration’s reasoning for adding it was inadequate.
In short, the Supreme Court said the question is legal but they want more concrete reasoning for the question’s addition to the 2020 census. With 2020 census forms currently being printed without it, an executive order might be the quickest way of intervening on the matter and getting the question on the census, although it will likely be challenged in court by different states and groups in an effort to stop it.