Commerce Dept Proposes New Census Rule Limiting Apportionment Count to Citizens and Residents

Commerce Secretary Howard Lutnick has signed a proposed rule that would restrict the population count used for congressional seat distribution to U.S. citizens and lawful permanent residents starting with the 2030 Census. The regulation would exclude undocumented immigrants and most temporary foreign nationals unless the Census Bureau later judges their status comparable to permanent residency. To determine status, the agency plans to draw on records from Homeland Security, Treasury, State, HHS, the Postal Service, state and local governments, and commercial sources, and is inviting comments on whether the short-form questionnaire should directly ask about legal status.

The proposal also aims to eliminate questions on race, ethnicity and sexual orientation from the decennial short form, arguing they are unnecessary for the constitutional count and depress response rates. Critics argue the 14th Amendment requires counting "persons," not just citizens, and cite prior Supreme Court cases that left the issue unsettled. The rule revives a policy push first attempted by the Trump administration after the 2020 Census, which the Court declined to rule on at the time. If adopted, the change could shift political power among states and affect Electoral College allocation, likely prompting judicial review.