The facts
The Census Bureau published a proposed rule on September 10, 2026, for the 2030 count. For House apportionment, it would treat "usual residence" as belonging to U.S. citizens and lawful permanent residents. "Illegal aliens and aliens whose legal status is less durable and indefinite in length than lawful permanent resident status" would not be counted for seats. Temporary legal statuses are in that second bucket unless the final rule says otherwise.
The bureau argues these people are not "true inhabitants" and lack a sufficient "tie and allegiance." It cites the 1790 "usual place of abode" language and later cases about allegiance. It is also considering a legal-status question on the short form and matching answers to DHS, Treasury, and other records. Comments are due October 13.
A second, separate proposal would keep race, ethnicity, and sexual orientation questions off the short-form enumeration questionnaire. The bureau says extra questions lower response rates and create disclosure risk. It is not proposing to stop collecting that data on other surveys or from administrative records.
This is a proposal, not a final count. The Supreme Court blocked a 2020 citizenship question after finding the stated reason "contrived." New York Attorney General Letitia James said her office was exploring a lawsuit and that the Constitution requires counting every person living in the United States.
Our take
If the House is for the people who can vote, counting people who cannot is a cheat. California does not get extra congressmen because it failed to enforce the border. That part is not complicated.
The other part is the lawyers. "Persons in each State" is the text. 1790 counted usual abode, including people with no vote. This rule tries to make "inhabitant" mean green card. It will spend five years in court while the midterms happen on the old math.
Dropping race off the short form is the second bomb. The same people who want every illegal in the apportionment will call a colorblind questionnaire violence. Fine. Print the proposal. Count the citizens. Count the green cards. Stop pretending a work permit is a district. And stop stuffing the House with ghosts.
