September 9, 2026 · Constitutional Order & Rule of Law
· Official action
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Trump Administration Proposes Excluding Non-Citizens, Dropping Race Question From 2030 Census
The Trump administration on September 9, 2026 proposed sweeping changes to the 2030 census: excluding non-citizens without a green card from population counts used for congressional apportionment, dropping race and ethnicity questions that have appeared on every census since 1790, and barring any question about sexual orientation. The administration argues the Constitution's mandate to count the "whole number of persons in each State" should not cover certain non-citizens, which the ACLU calls a break with two centuries of practice. Public comment runs through October 13, 2026.
Census counts set each state's share of congressional seats and Electoral College votes, shape redistricting nationwide, and supply data used to enforce the Voting Rights Act and anti-discrimination laws. Advocates say dropping race and ethnicity questions would erase data used to detect discrimination, while excluding non-citizens from apportionment could shift political power away from immigrant-heavy states.
The proposal follows Trump's 2025 push for a "new census" excluding people without legal status; legal challenges are expected if it advances toward a final rule.
Census counts set each state's share of congressional seats and Electoral College votes, shape redistricting nationwide, and supply data used to enforce the Voting Rights Act and anti-discrimination laws. Advocates say dropping race and ethnicity questions would erase data used to detect discrimination, while excluding non-citizens from apportionment could shift political power away from immigrant-heavy states.
The proposal follows Trump's 2025 push for a "new census" excluding people without legal status; legal challenges are expected if it advances toward a final rule.