Power Grab/Fire anyone who can stop him
The Census Bureau proposes to exclude noncitizens without permanent residence from the 2030 apportionment count and to add a citizenship question
The proposed rule was published in the Federal Register on September 10, 2026 (2026-18481). The Constitution requires a count of “the whole number of persons in each State.”
What happened
On September 10, 2026, the Census Bureau published a proposed rule that would redefine “usual residence” for the decennial census to exclude noncitizens who lack lawful permanent residence. That includes people with temporary status, refugees and asylum seekers, on the theory that they are not “inhabitants” or “members of the body politic.”
The rule would add a citizenship question, which the Supreme Court kept off the 2020 census in 2019. It would also drop questions on sexual orientation and some race and ethnicity categories. The rule is open for public comment.
Every census since 1790 has counted everyone living in the country, citizen or not. In 2020 the Supreme Court declined to rule on Trump’s attempt to exclude undocumented immigrants from apportionment before he left office.
Who benefited
States with few immigrants would gain House seats and electoral votes at the expense of California, Texas, Florida, New York and New Jersey. The Republican Party, whose strength lies in the former, would benefit. The shift would begin in 2033, after Trump leaves office.
Who wanted something
Trump tried both halves of this in his first term and lost in court. The officials who have reframed the census as a count of the “body politic” rather than of residents are now carrying it.
Who lost out
Millions of people who live, work and pay taxes in the United States without permanent status would, for the first time, not be counted as living here. The states where they live would lose representation and federal funding tied to population.
Why it matters
Changing who is counted at all for apportionment would lock in the shape of Congress for ten years. The decennial count determines each state’s House seats and Electoral College votes for a decade. Mid-decade redistricting can be undone by the next legislature, and this cannot.
Sources Federal Register (Census Bureau) (primary)States Newsroom (via Maryland Matters)Democracy Docket