Census Bureau Proposes Major Changes to the 2030 Census
The Census Bureau has proposed a major overhaul of the 2030 Census that could change which residents count toward congressional representation and remove race, ethnicity and sexual-orientation questions from the decennial enumeration questionnaires.
The proposal was posted for Federal Register publication on September 10, 2026. It is a proposed rule, not a final change, and would go through public comment before the agency decides whether to issue a final rule.
Who could be included or excluded
Under the proposal, lawful permanent residents would remain part of the apportionment count. Undocumented immigrants and foreign nationals whose legal status is less durable or indefinite than permanent residency could be excluded from the population total used to allocate seats in the U.S. House.
The proposal contemplates using administrative records to determine legal status. The Census Bureau lists possible records from federal agencies, states, local governments and other sources. It also seeks comment on whether to add a legal-status question to the short-form census questionnaire.
The agency says its approach reflects its interpretation of the constitutional term “usual residence” and the idea that apportionment should count people with a durable connection to the United States. That interpretation is proposed, not settled law.
Race and ethnicity questions would also be barred
A separate part of the proposal would prohibit questions about race, ethnicity or sexual orientation on the short-form decennial questionnaire and other questionnaires used to enumerate the population.
The Census Bureau says fewer questions could reduce response burden, lower disclosure risks and improve the completeness of the basic population count. The proposal would not eliminate demographic data collection across the federal government or prevent the bureau from collecting information through the American Community Survey and other programs that are separate from the decennial enumeration.
Experts quoted by The Associated Press and The Washington Post said removing those questions could make it harder to measure discrimination, health disparities, crime patterns, wealth gaps and the needs of particular communities. Race and ethnicity data are also used by public-health officials, emergency planners, civil-rights researchers and community organizations.
Why the apportionment count matters
The decennial population count determines how the 435 seats in the U.S. House are divided among the states. It also affects each state’s number of Electoral College votes and provides population totals used in redistricting.
Population figures can influence the distribution of federal resources as well. The eventual effect of this proposal would vary by state and would depend on the final residence rules, implementation, litigation and where affected residents live. House-seat and Electoral College changes are not predetermined.
The Supreme Court’s 2019 decision in Department of Commerce v. New York said the Constitution requires an “actual Enumeration” of the “whole number of persons in each State” and emphasized the importance of accuracy. The court also considered evidence that adding a citizenship question could cause an undercount of noncitizens and Hispanic residents.
What happens next
The Federal Register document directs the public to submit comments through the federal rulemaking portal under docket USBC-2026-0628. The inspection copy reviewed for this article contains an unfinished placeholder for the deadline—“30 days after” publication—so the exact date should be verified on the official Federal Register publication page or the Regulations.gov docket before anyone relies on it.
Nothing changes for residents immediately. The next major steps are the public-comment period, the Census Bureau’s review of submissions, any final rule and likely lawsuits over the agency’s authority and the constitutional requirement to count people accurately.
Sources
- Census Bureau proposed rule
- Associated Press report
- Supreme Court opinion in Department of Commerce v. New York
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