2030 Census: Proposal to Exclude Undocumented Immigrants from Count
Администрация Трампа предложила не считать нелегальных иммигрантов при переписи 2030 года — и заодно исключить часть легальных неиммигрантов с временным статусом. Это напрямую влияет на то, сколько мест в Конгрессе получат штаты с большим числом приезжих и сколько федеральных денег туда пойдёт. Конституционный спор уже неизбежен.
What do you do when the government proposes to stop counting you? That is the real question facing millions of immigrants following the publication of a proposed rule in the Federal Register on September 9, 2026. The Trump administration wants to exclude immigrants without legal status from the 2030 Census, arguing that they lack "sufficient allegiance and ties to the United States."
Who Would Be Excluded and Who Would Not
The Census Bureau's proposal would maintain the count of lawful permanent residents — that is, those who hold a green card. However, it would exclude undocumented immigrants as well as individuals whose legal status is "less durable and indefinite" than that of a permanent resident. This could include holders of TPS (Temporary Protected Status), certain DACA recipients, and people on temporary visas. To identify each person's status, the Bureau is considering using administrative records from agencies such as the Department of Homeland Security (DHS), the Internal Revenue Service (IRS), and the Postal Service, among others.
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The census is conducted every ten years, and its results determine two key things: how many representatives each state has in the House of Representatives and how much federal funding each community receives. If undocumented immigrants are no longer counted, states such as California, Texas, New York, and Florida could lose seats and resources. Democrats on the House Oversight Committee accused the president of attempting to "manipulate" the census, noting that the Fourteenth Amendment requires counting "all persons" residing in the country.
This is not the first time the Trump administration has attempted to change the census. During his first term, he tried to add a citizenship question to the 2020 form. The Supreme Court blocked that effort in 2019, in part because the Census Bureau itself determined that the question would reduce participation. The current proposal repeats that strategy with a different approach: rather than asking, it would use data from other agencies to filter who counts.
What to Do
- Follow the public comment process for this proposal. The 30-day period to submit comments to the Census Bureau began on September 9, 2026. Immigrant advocacy organizations can help you participate.
- If you hold a temporary immigration status (TPS, DACA, work visa), consult with an immigration attorney to understand how this proposal could affect you if it moves forward.
- Stay informed about any legal challenges that arise. Advocacy groups and Democratic-led states are likely to challenge this rule in court before it takes effect.
- Do not stop participating in the census when the time comes. As long as the proposal has not become law or survived court review, current rules remain in effect.
Fishkin Law Firm, New York
Предложенное правило противоречит тексту 14-й поправки, которая не делает различий по статусу при подсчёте населения. Если правило примут, суды, скорее всего, приостановят его действие по иску штатов или правозащитных организаций — именно так произошло с вопросом о гражданстве в 2020 году. Тем не менее людям с временным статусом уже сейчас имеет смысл обсудить с адвокатом варианты получения грин-карты, чтобы не зависеть от исхода этого спора.
Frequently Asked Questions
Is this proposal already law? Does it affect me right now?
No, for now it is only a proposed rule published in the Federal Register. To become a final rule, it must go through a public comment period and potentially face legal challenges. The 2030 Census is still years away, but the process has begun.
Would green card holders be excluded from the census?
No. The proposal maintains the count of lawful permanent residents (green card holders). Those who would be excluded are immigrants without legal status and, potentially, individuals with temporary statuses such as TPS or certain visas.
What does the Constitution say about who must be counted in the census?
The Fourteenth Amendment establishes that the census must count the "total number of persons" in each state, without distinction as to citizenship or immigration status. Democrats and advocacy groups argue that the proposal directly violates that constitutional mandate.
How could this affect my community if I live in a state with a large immigrant population?
If undocumented immigrants are no longer counted, states such as California, Texas, or New York could lose seats in the House of Representatives and receive less federal funding for health, education, and infrastructure programs that benefit the entire community — not just immigrants.