Trump Administration Proposes Excluding Noncitizens From 2030 Census

The Trump administration is advancing a proposed rule that would exclude noncitizens without permanent resident status from being counted in the 2030 census. This policy shift, if finalized, could dramatically reshape congressional districts and affect the allocation of federal funding nationwide.

The proposed rule, published in the Federal Register by the Commerce Department last month, aims to exclude individuals residing in the U.S. on student visas, under Temporary Protected Status, or those seeking asylum or refuge. Additionally, it proposes to eliminate the collection of demographic data on race and ethnicity, which has historically been used to inform policies addressing systemic disparities.

The administration stated that it is reassessing the collection of race and ethnicity data, citing "substantial doubts about the meaning, significance, and impact of attempting to categorize persons by race and ethnicity." The move is also framed within broader efforts to curtail diversity, equity, and inclusion initiatives.

This is not the first time the Trump administration has sought to alter census methodology. A similar proposal for the 2020 census was blocked by federal courts, and the Supreme Court declined to intervene. Last summer, Trump again directed the Commerce Department to exclude undocumented immigrants from census counts, stating, "People who are in our Country illegally will not be counted in the census."

Critics argue that the proposed rule may conflict with the 14th Amendment of the Constitution and is likely to face legal challenges. Concerns have also been raised about a potential chilling effect on participation in the census. The census count, conducted every ten years, is a crucial factor in determining congressional apportionment and the distribution of federal resources for programs such as education, healthcare, and food assistance.

The public comment period for the proposed rule is open until November 2.

New York Attorney General Letitia James has indicated her office is considering legal action, asserting that "The Constitution is clear. Every person living in the United States, regardless of immigration status, must be counted in the census."