Comments of the ACLU on "Decennial Census of the Population of Americans" -- Proposed Residence Criteria and Proposed Regulations for Demographic Questions, 91 Fed. Reg. 57,524 (Sept. 10, 2026)

Document Date: October 30, 2026
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The ACLU’s comment urges the Census Bureau to withdraw its proposed 2030 Census rule. The rule would strip millions of noncitizens from the count used to apportion Congress, despite the Constitution’s command to count “the whole number of persons.” It would also ban questions on race, ethnicity, and sexual orientation that are essential to fair representation and civil rights enforcement.

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    Comments of the ACLU on "Decennial Census of the Population of Americans" (Proposed Residence Criteria and Proposed Regulations for Demographic Questions)

    The Census Bureau has proposed rules for the 2030 Census that would remove millions of noncitizens from the population count used to divide congressional seats among the states. This includes many noncitizens living in the United States lawfully. The rules would also change where everyone else is counted and bar the census from asking about race, ethnicity, and sexual orientation. The Constitution requires counting the “whole number of persons in each State,” and every census since 1790 has counted people where they live, regardless of citizenship. The proposal would distort political representation, weaken the count’s accuracy, and eliminate data needed to enforce the Voting Rights Act and other civil rights laws. The ALCU is urging the Bureau to withdraw the rule entirely.
    Status: Ongoing
    Comments Of The Aclu On "decennial Census Of The Population Of Americans" (proposed Residence Criteria And Proposed Regulations For Demographic Questions). Explore Case.