Executive Order 13986

"Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census"
Type	Executive order
Executive Order number	13986
Signed by	Joe Biden on January 20, 2021 (2021-01-20)
Federal Register details
Federal Register document number	2021-01755
Publication date	20 January 2021
Summary
Requires the counting of non-citizens in the U.S. Census and for the apportionment of congressional representatives

Executive Order 13986, officially titled Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census, is the second executive order signed by U.S. President Joe Biden on January 20, 2021. The order reverses Executive Order 13880 and other Trump administration policies that had excluded non-citizens from the census count for the 2020 census. Executive Order 13986 requires non-citizens to be counted in the 2020 census, both for the purposes of enumeration and determining congressional apportionment.^[1]

Provisions

The order is to discontinue citizenship tabulations at the city-block level using 2020 census data with administrative records.^[2]

Effects

Non-citizens, whether legal or illegal, are not to be excluded from numbers of persons used for apportioning congressional seats among the states.^[2]