Trump Administration Proposes Excluding Undocumented Immigrants from U.S. Census
The Trump administration released a proposed rule on September 10 that would exclude undocumented immigrants, refugees, and certain temporary residents from the population count used to apportion House seats. The change could reshape federal funding and political representation.
What the Proposal Would Do
On September 10, 2026, the U.S. Department of Commerce released a proposed rule that would fundamentally alter how the census counts the American population. Under the proposal, only U.S. citizens and lawful permanent residents would be counted in the census, while people with temporary legal status and immigrants without documentation would be excluded.
The proposal will undergo a 30-day public comment period, and the census is conducted every 10 years with the next count scheduled for April 2030.
Why This Matters
Population counts have wide-ranging purposes, determining the allocation of everything from government resources to seats in the House of Representatives. The administration argues that undocumented immigrants lack sufficient ties to the U.S., but this represents a departure from historical precedent—the 1790 Census Act instructed government workers to count anyone with a "usual place of abode" in the US, regardless of citizenship status.
Implications for Expats and Newcomers
If you are an undocumented immigrant, on temporary visa status, or have pending adjustment of status applications, this proposed rule could affect federal funding in your community and the political representation of your state. The rule is still in the comment period and faces likely legal challenges. Monitor the Federal Register and consult an immigration attorney if you wish to submit comments or understand how this might impact your specific immigration situation.
Sources
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