Trump Admin Proposes Excluding Illegal Immigrants From Census Count

Authored by Tom Gantert via The Epoch Times,

The Trump administration is proposing to change how the U.S. Census is conducted by excluding illegal immigrants from the population totals that are used to determine political representation.

The Census Bureau posted a proposed rule on Wednesday that said it also wants to prohibit the inclusion of questions about race and ethnicity or sexual orientation on the census in "short-form questionnaire or any questionnaire used for purposes of the enumeration."

The proposed rule said that questions about race and sexual orientation have a "sensitive" nature and could impede responses, and removing them could lead to a higher rate of participation.

The proposed rule cites the definition of "usual residence" as a reason to exclude illegal immigrants.

It states, "Given the historical meaning of 'usual residence' as tied to allegiance, durable permission from the sovereign to settle within the United States, and establishment of domicile within the United States, the Census Bureau proposes to include lawful permanent residents within the apportionment base, while excluding from the apportionment base illegal aliens and aliens whose legal status is less durable and indefinite in length than lawful permanent resident status."

The proposal would extend beyond unauthorized immigrants. It would also exclude foreign citizens whose legal status is "less durable and indefinite in length" than lawful permanent resident status.

The Census Bureau said it is considering using its "enormously broad access" to administrative records to determine an individual's legal status.

The proposed restrictions on demographic questions would apply to the census conducted every 10 years, but not to the American Community Survey or other Census Bureau surveys.

The Census determines how the 435 seats in the House are divided among states, affects Electoral College representation, and the distribution of federal funding.

Excluding undocumented immigrants could reduce the representation of states with large immigrant populations, such as New York and California.

New York Attorney General Letitia James's office said it was exploring legal options over the proposed changes in a post on X on Wednesday.

"The Constitution is clear. Every person living in the United States, regardless of immigration status, must be counted in the Census," James's office stated.

"We stopped the Trump administration's Census attacks in 2020, and we're exploring our legal options to fight back again."

The White House didn't respond to an email seeking comment.

Trump directed the Commerce Department to develop a plan for the U.S. Census that excluded undocumented immigrants in August 2025.

Trump said the count should use modern data, including information from the 2024 election, but did not specify whether he wanted an additional Census before 2030 or a change applying to future counts.