Census Bureau proposes 2030 rules excluding non-permanent residents from apportionment count
NEW · Thu. 9:30 a.m. EDT
The U.S. Census Bureau published proposed Federal Register rule 2026-18481 on Sept. 10 defining “usual residence” for the 2030 decennial census so the apportionment base would include U.S. citizens and lawful permanent residents while excluding undocumented immigrants and aliens whose legal status is less durable than permanent residency. The proposal also seeks to keep race, ethnicity, and sexual-orientation questions off short-form enumeration questionnaires, arguing the count for House seats should be colorblind. A 30-day public comment period is open; the rules are not final and are expected to face lawsuits.
Census Bureau headquarters, Suitland, Maryland
Wikimedia Commons · 2007 file
Center-left view
CNN, Reuters, and The Guardian frame the proposal as a sweeping break from counting all residents that could shift House seats and federal funds away from high-immigrant states, chill response rates with a citizenship/legal-status probe, and invite fresh 14th Amendment challenges after the Supreme Court blocked a citizenship question in 2019; New York Attorney General Letitia James’s office said it is exploring legal options.
Sources: CNN · Reuters · The Guardian
Center-right view
The Epoch Times and Newsweek quote the Bureau’s “usual residence” rationale — that people without durable lawful ties are not true inhabitants for apportionment — while Heritage Foundation commentary argues counting noncitizens dilutes citizen representation and that citizenship questions and citizen-based apportionment restore constitutional fairness for House seats.
Sources: The Epoch Times · Newsweek · Heritage Foundation