Overview
- The Department of Commerce posted the proposed rule in September and opened a public comment period that runs through Nov. 2, 2026.
- The rule would bar collecting race and ethnicity on the short-form questionnaire and seek to exclude millions of noncitizens without green cards, including students, people on temporary protected status, refugees and some asylum seekers.
- The administration says it would rely on federal administrative records and could add an immigration-status question to identify who is counted for apportionment.
- Civil-rights groups and Congressional Democrats say the plan likely violates the Constitution’s apportionment clause and are preparing legal challenges.
- Analyses show the change could shift House seats between states and reduce federal funding tied to population counts, and census operational deadlines make reversal before the 2030 count difficult.