Quick answer: The Census Bureau proposed new rules on September 10, 2026, that would change who is included in the 2030 count used to allocate U.S. House seats. Under the proposed text, foreign citizens would be included in the apportionment count only if they are U.S. citizens or lawful permanent residents. A separate proposal would remove race, ethnicity and sexual-orientation questions from the decennial enumeration questionnaire. Neither change is final. The public can comment through October 13, 2026.
Key facts
- Status: Proposed rule, published September 10; current census practice has not changed.
- Apportionment proposal: Count foreign citizens who are also U.S. citizens or lawful permanent residents at their usual residence; exclude other foreign citizens from the apportionment count.
- Residence proposal: Define usual residence using the place where a person lawfully spent the most days from January 3 through April 1 of the census year, with tax records among the proposed evidence.
- Questionnaire proposal: Remove race, ethnicity and sexual-orientation questions from questionnaires used to enumerate the population. The American Community Survey and other non-enumeration surveys are outside this particular restriction.
- Comment deadline: The Census Bureau must receive comments by October 13, 2026. Docket: USBC-2026-0628.
The once-a-decade census helps determine how many seats each state receives in the U.S. House of Representatives. Its results also guide redistricting and decisions about federal resources. The proposed changes therefore raise questions for communities across the country, even though the eventual effect on any particular state cannot yet be stated with confidence. The Census Bureau explains these uses of the 2030 count.
What would change in the apportionment count?
For the 2020 census, foreign citizens living in the United States were counted where they usually lived and slept, regardless of immigration status; short-term visitors were not counted for apportionment. The new proposal would use a different line: foreign citizens who are also U.S. citizens or lawful permanent residents as of April 1 would be counted at their usual residence, while other foreign citizens would not be counted for apportionment. That latter group could include people without legal immigration status and people lawfully present in temporary classifications, such as some students and workers.
The proposal also sets out detailed rules for dependents, overseas federal personnel, military and merchant-marine crews, births and deaths around Census Day, people in correctional facilities and transitory locations. Its general residence test would look to days spent lawfully at a residence between January 3 and April 1 and says tax records should be consistent with and evidence that location. These details matter for people who live in more than one place, although the final operational method remains to be determined. Read the proposed sections 60.2–60.10.
Would the census still ask about race and ethnicity?
Under the separate proposed Part 70, no race, ethnicity or sexual-orientation question would appear on the short-form decennial questionnaire or any questionnaire used to enumerate the population. Questions about biological sex, date of birth and household relationships could remain for data verification. The text expressly leaves the Census Bureau free to ask demographic questions on the American Community Survey and other surveys that are not used for the population enumeration, or to receive demographic data from other sources.
That means the proposal should not be described as ending all federal collection of race or ethnicity data. It would change a particular source of decennial data if finalized as written. The Census Bureau presents its residence and questionnaire proposals independently, so a change to one would not automatically settle the other. Read proposed section 70.2 and 70.4.
Current practice versus proposal
| Question | Current / 2020 approach | September 2026 proposal |
|---|---|---|
| Foreign citizens living in the United States | Generally included at usual U.S. residence for apportionment, regardless of immigration status; short-term visitors excluded. | Included in apportionment only if also U.S. citizens or lawful permanent residents by Census Day. |
| Usual residence | Where a person lived and slept most of the time under 2020 criteria, with situation-specific rules. | Generally the residence where the person lawfully spent the greatest number of days January 3–April 1, with tax-record evidence. |
| Race and ethnicity questions | Included in the 2020 decennial questionnaire. | Excluded from questionnaires used to enumerate the population; other surveys remain available. |
| Legal status | Current census practice remains in place while 2030 planning proceeds. | This is a proposed rule open for comment, not an operative 2030 instruction. |
Why does the apportionment question matter?
After the census, population totals determine each state’s share of House seats. States also use census data to redraw electoral districts. Federal, state and local programs rely on census data in different ways when planning services and distributing funds. If a future rule changed the count or the demographic information available, those downstream uses could change as well. The magnitude and geographic pattern would depend on the final rule, implementation, litigation and population data; no specific state outcome is established by this proposal.
The Census Bureau argues that its proposed definition better serves its interpretation of the constitutional apportionment mandate. Critics dispute that interpretation and raise concerns about representation and data quality. Those are legal and policy positions, not resolved facts. The public comment process and any subsequent litigation may address them. The Constitution refers to the “whole number of persons in each State”; the meaning of the proposal under that text remains contested.
How can the public comment by October 13?
- Read the Federal Register proposed rule and identify which part or section your comment addresses.
- Go to Regulations.gov, search for docket USBC-2026-0628, and use its Comment control. The notice also gives a postal-mail option.
- Explain your experience, evidence or specific proposed change. Comments must be received by October 13, 2026 to ensure consideration.
Privacy note: Comments are part of the public record and generally posted without edits. The notice says voluntarily submitted identifying or sensitive information may become public and permits anonymous comments using “N/A” in required fields. Do not include private details you do not want publicly displayed.
What happens next?
The Census Bureau will review comments and may revise, finalize or withdraw either proposal. A final rule would require a separate publication. Legal challenges are possible, but their result cannot be predicted. Until there is a verified change, CYS will continue describing the new residence criteria and questionnaire restrictions as proposals, not as 2030 census instructions.
Ask your senators about the 2030 census
Constituents can ask how senators interpret the apportionment requirements and what safeguards they support for an accurate count and useful public data. A specific question is more useful than a generic demand: “Should the 2030 apportionment count include residents on temporary visas, and what evidence supports your position?”
Find and contact your senators →
Frequently asked questions
Will undocumented immigrants be counted in 2030?
The final 2030 rules are not settled. The September 2026 proposal would exclude foreign citizens who are neither U.S. citizens nor lawful permanent residents from the apportionment count. That proposal has not taken effect.
Would green-card holders be counted?
Yes, under the proposal, lawful permanent residents as of April 1 of the census year would be counted at their usual residence.
What about people here on temporary visas?
Under the proposed section 60.4, foreign citizens without U.S. citizenship or lawful permanent residence would not be counted for apportionment, even if otherwise lawfully present. The rule is proposed, not final.
Are race and ethnicity questions already removed?
No. The Census Bureau proposed removing them from questionnaires used for the decennial enumeration. Its proposal does not prohibit questions on the American Community Survey or other non-enumeration surveys.
When is the public-comment deadline?
Comments on docket USBC-2026-0628 must be received by October 13, 2026, to ensure consideration. Check the official docket for submission details.
Does this proposal guarantee that a state gains or loses a House seat?
No. The proposal is not final, and state-level outcomes would depend on future rules, implementation, population distributions and potentially court rulings.
Sources and methodology
- Census Bureau proposed rule, Federal Register, September 10, 2026
- Census Bureau: 2030 Census planning and uses of census data
- 2020 residence criteria, Federal Register
Last reviewed September 28, 2026. This article distinguishes proposed policy from current census practice and does not predict litigation or state-by-state outcomes.
