Overview
- The Department of Commerce and Census Bureau published a proposed rule this week that would remove noncitizens who lack lawful permanent residence from the population figures used to apportion House seats and Electoral College votes.
- The rule would also remove race and ethnicity items from core decennial products, propose adding citizenship or legal‑status questions, and use cross‑agency records from DHS, Treasury and other sources to determine who is counted.
- Civil‑rights groups, former Census officials and several state attorneys general have signaled or begun plans to sue, arguing the change conflicts with the 14th Amendment and decades of census practice.
- Experts warn the plan would lower response rates, introduce record‑matching errors that could misclassify residents, impair enforcement of anti‑discrimination laws and distort formulas that distribute billions in federal funding.
- The proposal is not final: the Federal Register notice opens a 30‑day public comment window and the rule could be modified or overturned through litigation, agency action, or a future administration.