On July 11, 2019, President Donald Trump issued an Executive Order directing all executive departments and agencies to provide the Department of Commerce access to any administrative records that it may request to determine the number of citizens, non-citizens, and illegal aliens in the country.
The stated purpose of the Executive Order is to ensure that accurate citizenship data is compiled in connection with the 2020 decennial census other than by specifically including a direct question regarding citizenship on the census itself.
The Executive Order sets forth multiple reasons why the Department of Commerce must have the best data available on citizenship that administrative records can provide. These include:
First, “data on the number of citizens and aliens in the country is needed to help us understand the effects of immigration on our country and to inform policymakers considering basic decisions about immigration policy.”
Second, “the lack of complete data on numbers of citizens and aliens hinders the Federal Government’s ability to implement specific programs and to evaluate policy proposals for changes in those programs.”
Third, “data identifying citizens will help the Federal Government generate a more reliable count of the unauthorized alien population in the country.”
Fourth, “it may be open to States to design State and local legislative districts based on the population of voter-eligible citizens.” (emphasis added).
Under 13 U.S.C. 6, information obtained by the Department in connection with the census through requests for administrative records shall be used solely to produce statistics and is subject to confidentiality. Information subject to confidentiality protections under Title 13 may not, and shall not, be used to bring immigration enforcement actions against particular individuals.
Although the Executive Order confirms that generating accurate data concerning the total number of citizens, non-citizens, and illegal aliens in the country has nothing to do with enforcing immigration laws against particular individuals, it is unclear what impact this Executive Order will have.
Lally Immigration Services, LLC is closely monitoring the situation and will provide updates as they become available.
