The WatchlistWatch 1
This is a Watchlist entry. It is a developing story reported by credible outlets that hasn't reached a court ruling, official finding or documented harm yet. It says what to watch for. If that happens, it moves to The Record.
A 'new census' that would leave out undocumented immigrants
Developing means: Reported by credible outlets, but no ruling, official finding or documented harm yet.
Trump ordered the Commerce Department to start work on a new census that excludes people without legal status, using information from the 2024 election.
What happened
The census has counted everyone living in the country, citizen or not, since 1790, and Congress set a once-a-decade schedule. Trump's first-term attempt to exclude undocumented immigrants from apportionment was stopped. The order came as the White House pushed states to redraw congressional maps mid-decade. On Sept. 9, 2026, the Census Bureau proposed a rule for the 2030 census that would leave undocumented immigrants and others without permanent legal status, including refugees, asylum seekers and people on temporary visas, out of the count used to divide House seats and electoral votes among the states. A 2025 Pew study estimated that about 16 million immigrants in the country lack permanent legal status. Pew found in 2020 that if unauthorized immigrants alone were left out, three states, California, Florida and Texas, would have lost a House seat. New York's attorney general, who led the lawsuit against the first-term attempt, said the state is exploring its legal options. Missouri's attorney general, who had sued to force the exclusion, moved to drop her lawsuit after the proposal, which her office called a major step.
What to watch for
Whether the Census Bureau makes the rule final after the public comment period, and how courts rule on any challenge, such as the one New York's attorney general has said the state is weighing. Public comments on the proposal are due Oct. 13, 2026.
The administration's side
The Census Bureau says House seats should be divided according to people's usual residence, and that undocumented immigrants, refugees and asylum seekers lack 'a sufficient tie and allegiance to the United States' to be counted for that purpose. The Commerce Department said in 2025 that it would use modern technology to accurately reflect the number of legal residents.
Sources
Permanent link: https://unredactedrecord.com/e/w-census/