If Joe Biden wins the election, his administration would not likely adhere to Trump's stated policy.
The justices agreed to hear a special argument on November 30 to decide for a second time whether the census should consider residents' citizenship or immigration status.
A three-judge federal court panel said in holding the policy illegal that never in USA history have immigrants been excluded from the population count that determines how House seats, and by extension Electoral College votes, are divided among the states. Under the law, the president must present the state-by-state apportionment figures to the House, but Democrats who control the chamber might try to reject Trump's count if they believe it is improper.
Since the first USA census in 1790, the numbers of US residents who are counted to determine each state's share of congressional seats have included both citizens and noncitizens, regardless of immigration status.
"President Trump has repeatedly tried - and failed - to weaponize the census for his attacks on immigrant communities", Ho said.
In September, the US District Court in NY rejected the Trump administration's attempt to exclude undocumented immigrants from participating in the US Census, which is conducted every 10 years. On Tuesday, the justices granted an appeal from Trump's lawyers and said the Commerce Department could halt its counting and field operations this week.
Federal law requires the president to deliver to Congress "a statement showing the whole number of persons in each State" based on the once-a-decade census.
A somewhat rare three-judge panel culled from the U.S. Court of Appeals for the Second Circuit and the U.S. District Court for the Southern District of NY blocked Trump's memo from taking any legal effect in early September-calling the policy directive "unlawful". There are no questions on the Census about your immigration status.
The Census Bureau could provide information about unauthorized immigrants in Immigration and Customs Enforcement detention centers, according to a court filing.
The Supreme Court justices said in their order on Friday that they would decide the issue by early January, when Trump must report the census results to Congress.
The Supreme Court separately allowed the administration to end the actual census count this week, blocking a court order that would have kept the count going until the end of the month.
Update:This article and its title have been updated to reflect the new Census deadline of October 15, 2020.