Trump wants to keep non-citizens out of 2030 Census in massive shakeup that could reshape America

Donald Trump’s administration is proposing major changes to the upcoming Census that could end up reshaping Congress and how vital public dollars are distributed to the states. A draft proposal, published Wednesday, would prohibit all noncitizens without a green card from participating in the 2030 Census. That would exclude refugees, people seeking asylum and other protected immigrants with legal status, as well as undocumented people who have long been included in the nation’s headcount.

If the proposed changes survive impending legal challenges, excluding U.S. residents in the once-a-decade population would cut down the government’s official population numbers, figures that are used to determine congressional seats and federal funds that support critical public services. The changes under Trump, who has been accused of trying to weaponize the U.S. Census Bureau to expand his anti-immigration agenda and boost Republican districts, would disproportionately target Democratic states and cities with large immigrant populations.

The administration also wants to stop asking people about their race and ethnicity, questions that have been included since the first count was performed more than 200 years ago. The Census would also ban questions about Americans’ sexual orientation, questions that the government claims are about “immaterial personal characteristics.” “These proposals are intended to ensure fidelity to the Constitution, improve and protect the core decennial census data, and promote efficiency,” according to the draft. Under the 14th Amendment of the Constitution, the U.S. must include the "whole number of persons in each state.” It does not mention immigration status.

The proposal claims “illegal aliens (among others) should not be included in the apportionment count, as they are not true inhabitants, members of the body politic, or persons with a ‘usual residence’ in the United States due to their lack of a sufficient tie and allegiance to the United States,” according to the Trump administration. Trump mounted similar changes to the Census during his first administration, which pushed the Supreme Court to allow a citizenship question on the 2020 questionnaire. In a narrow 5-4 decision in 2019, Chief Justice John Roberts called the government’s argument “contrived.” Civil rights groups have warned that the administration’s proposals could imperil constitutional protections and pose severe risks of discrimination against Americans in violation of the Voting Rights Act.

Every person living in the United States, regardless of immigration status, must be counted in the census,” New York Attorney General Letitia James said Wednesday. James, who joined lawsuits to prevent the administration from adding a citizenship question in 2020, said her office is “exploring legal options to fight back again.” In addition to informing countless studies about the state of the U.S. using expansive demographic data, the Census is also used to determine how the 435 seats in the House of Representatives are divided among the states. Electoral College votes that determine the presidency are also based on each state’s House delegation, plus two senators.

If Census results show that a state loses population, it could lose congressional representation — changes that could last at least a decade. The latest proposal follows Trump’s command in August 2025 directing his administration to develop a “new” census as he launched a nationwide redistricting battle for Republican control of Congress before upcoming midterm elections. This summer, Trump also relied on a dubious Census Bureau report that claims thousands of noncitizens “voted illegally” in previous elections, part of his crusade to prove he “won” the 2020 presidential election and cast doubt on the legitimacy of elections in Democratic-controlled states.