Trump Officials Seek to Exclude Undocumented From Census

The Trump administration has proposed changes to the US census designed to exclude immigrants without legal status, a move that could affect how federal funding is distributed and how congressional districts are drawn for the House of Representatives.

In a proposed rule published in the Federal Register on Wednesday, the Census Bureau said it was also considering alterations to the questions it asks about race and ethnicity, and whether it will include sexual orientation, as part of a wider effort promoted by the administration to remove diversity, equity and inclusion programmes from government.

Census Counts residents, Not Citizenship Status

Conducted every 10 years, the census is used to determine the “whole number of persons” in the United States named in the 14th Amendment, without regard to citizenship or immigration status. Those figures are then used by states to set congressional maps that can influence which party controls the House.

Trump and his rightwing allies have argued for years that undocumented immigrants could distort the results. Trump said last year that the 2020 census should be redone in favour of a new survey based on “results and information gained from the Presidential Election of 2024”. On Truth Social, he also wrote: “People who are in our country illegally will not be counted.”

Proposed Rule Would Exclude Some Respondents

The new Census Bureau rule would keep including lawful permanent residents, while excluding undocumented immigrants “due to their lack of a sufficient tie and allegiance to the United States”. It would also propose removing “aliens whose legal status is less durable and indefinite in length than lawful permanent resident status”.

The bureau, which sits within the Commerce Department, said it is considering using what it described as “its enormously broad access to administrative records” to determine respondents’ legal status. The proposal lists potential sources including data held by the US departments of the Treasury, Health and Human Services, Defense, and Homeland Security, along with information from the postal service.

Officials said the approach reflects efforts raised during Trump’s first term. At that time, he pursued an unsuccessful attempt to add a question about citizenship for the 2020 census. The bureau later determined that such a question would reduce participation, and the Supreme Court rejected the change. The plan was dropped after Joe Biden took office in 2021.

Questions on Race, Ethnicity and Sexual Orientation

Separately, the Census Bureau said it is reconsidering the race and ethnicity questions it asks, alongside questions tied to sexual orientation. The proposal points to the “(potentially) sensitive nature” of such inquiries and what it called a reduced need for or usefulness of the information.

It also said the changes could come into conflict with federal law requiring respondents to answer census questions truthfully.

The proposal further cites “substantial doubts” about the meaning, significance and impact of attempting to categorise people by race and ethnicity, saying such concerns have been reflected in shifts in the law.

Democrats Warn of Legal Fight

If the bureau moves forward, it is likely to face legal challenges from Democrats and advocacy groups aligned with them.

On the House oversight committee, Democrats accused the president of trying to “rig” the survey. They said the 14th Amendment requires the census to count all people living in the United States and indicated they would oppose the changes.

META: A proposed rule would keep lawful permanent residents in the census while excluding undocumented immigrants and may also alter race, ethnicity and sexual orientation questions.

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10 September 2026