On Wednesday, the Trump administration unveiled proposed revisions to the U.S. census that would bar individuals without lawful immigration status, along with other categories, from being counted, potentially affecting federal funding distribution and congressional district boundaries.
The rule, published in the Federal Register, also indicates the Census Bureau may modify how it gathers race and ethnicity data, reflecting the administration’s broader effort to eliminate diversity, equity, and inclusion initiatives within the federal government.
The census, conducted every ten years, has traditionally counted every person residing in the United States as mandated by the Fourteenth Amendment, irrespective of citizenship or immigration status. This data guides states in redrawing congressional districts, thereby influencing which party holds a majority in the House of Representatives.
Donald Trump and his conservative allies have long argued that undocumented immigrants could distort census results, and the president previously urged a 2020 census overhaul grounded in the outcomes and data from the 2024 presidential election.
He declared on Truth Social, “Individuals residing in the United States without legal permission will not be counted.”
The proposed rule would retain counting of lawful permanent residents while excluding undocumented individuals because they lack a strong connection to the United States, and would also bar individuals whose legal status is less stable or indefinite compared to lawful permanent resident status.
The Census Bureau, within the Department of Commerce, says it may leverage its extensive access to administrative records to verify respondents’ legal status, potentially drawing on data from the Treasury, Health and Human Services, Defense, Homeland Security, and Postal Service departments.
These proposals echo Trump’s earlier campaign, during which he unsuccessfully sought to add a citizenship question to the 2020 census.
The bureau concluded that adding a citizenship question would have discouraged participation, and the Supreme Court ultimately rejected the proposal, leading to its abandonment when President Biden assumed office in 2021.
The Census Bureau is also reviewing whether to retain questions about race, ethnicity, and sexual orientation. The rule cites the sensitivity of these inquiries and suggests they may no longer be necessary, though such changes could conflict with federal legal obligations to answer truthfully.
The proposal notes substantial doubts about the meaning, significance, and impact of categorizing individuals by race and ethnicity, which have been prominent in national discourse and reflected in recent legal developments.
If the Census Bureau proceeds with these changes, it is expected to encounter legal challenges from Democrats and allied advocacy organizations.
House Democrats on the oversight committee accused the president of attempting to rig the survey, asserting, “The Fourteenth Amendment makes clear that the census must count all people residing in the United States. We will fight this.”
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