U.S. government proposes to exclude undocumented immigrants from 2030 Census
Key Points(5)
- government has proposed changes to how the 2030 Census counts some noncitizens, a move that could affect population totals used to determine congressional representation and the distribution of federal funding.
- Under the proposal, the population used for congressional apportionment would be limited to U.S.
- citizens and lawful permanent residents, excluding undocumented immigrants and some other noncitizens.
- The proposal also includes changes to demographic questions included in the decennial census.
- The 14th Amendment states that representatives are apportioned among states according to their respective populations, counting the “whole number of persons in each State.” Census results are used to determine each state's number of seats in the U.S.
The U.S. government has proposed major changes to the 2030 Census that would exclude undocumented immigrants and some other noncitizens from the population count used to determine how seats in the U.S. House of Representatives are divided among states.
Under a proposed rule released by the U.S. Census Bureau last week, the population used for congressional apportionment would be limited to U.S. citizens and lawful permanent residents. That means some immigrants who are legally present in the United States but do not have permanent resident status would also be excluded.
To make the change, the Census Bureau is proposing to revise its definition of a person’s “usual residence,” the standard used to determine where someone is counted in the census.
In another significant change, the Census Bureau is proposing to prohibit questions about race and ethnicity on the short-form census questionnaire and other forms used to enumerate the population. Questions about sexual orientation would also be prohibited.
The proposals could have significant implications for congressional representation and redistricting if approved and implemented for the 2030 Census.
Census population totals determine how the 435 House seats are apportioned among states following each decennial count and provide the basis for congressional redistricting. Race and ethnicity data collected through the census are also used to produce population data provided to states for redistricting and in the enforcement of the Voting Rights Act and other civil rights laws.
Immigration organizations have raised concerns about how the proposed changes could affect states and cities with large immigrant populations.
Murad Awawdeh, president and CEO of the New York Immigration Coalition, or NYIC, said the proposed changes raise constitutional and civil rights questions.
“The proposed rule change raises serious constitutional and civil rights concerns,” Awawdeh told the Caribbean Media Corporation.
The 14th Amendment states that representatives are to be apportioned among states according to their respective populations, counting the “whole number of persons in each State.”
Awawdeh said excluding some residents from the apportionment count could affect political representation and the allocation of federal resources. He also raised concerns about the proposed changes to the collection of race and ethnicity data.
New York City Council Speaker Julie Menin similarly pointed to the role census data play in determining federal funding for schools, hospitals, housing, transportation and social services.
“The Census touches every piece of New Yorkers’ lives, which is why an accurate count is crucial,” Menin said.
New Jersey Gov. Mikie Sherrill also raised concerns about the proposal’s potential effect on New Jersey’s congressional representation and share of federal funding.
The proposal comes as the Census Bureau continues preparations for the 2030 Census. The changes are not yet final and would have to proceed through the federal rulemaking process before they could be implemented.
