Trump census plan to cut noncitizens from 2030 count legal fight

Congressional Democrats and civil rights groups are concerned about a proposed Trump administration change to the U.S. census that would exclude noncitizens without permanent resident status, altering congressional representation and potentially how federal funding is distributed.

Opponents warn the rule, which was posted in September, could have negative effects, potentially shifting congressional power to parts of the country where fewer immigrants live and underfunding education, healthcare, food assistance and emergency management programs. The public can comment on the rule until Nov. 2, the day before Election Day.

“The greatest likelihood is that this is going to end up in litigation,” said Meeta Anand, senior director of census and data equity at the Leadership Conference on Civil and Human Rights. “I’m under no delusion that we will see everything remedied because I do know that it’s been a project of the administration to exclude noncitizens from the count.”

The proposed census change is the latest volley in the Trump administration’s push to reduce illegal immigration. If certain categories of immigrants living in the U.S. are not counted, areas where they are concentrated could get less federal money. The rule’s supporters say counting all immigrants living legally in the U.S. encourages illegal immigration.

The rule would exclude from the census millions of noncitizens without a green card, including people in the country on student visas, people with temporary protected status, refugees and asylum seekers. It would also bar the collection of demographic information on race and ethnicity from the census’s short-form questionnaire. That information can be used for civil rights enforcement and to assess compliance with federal laws that bar racial discrimination.

The White House referred CNBC to the Commerce Department, which oversees the census, when asked for comment on the proposed rule. The Commerce Department and the Census Bureau did not respond to multiple requests for comment.

Critics argue the proposal flies in the face of the 14th Amendment, which states, in part, that “representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State.”

“This rule is yet another attack on democracy by Donald Trump,” Sen. Andy Kim, D-N.J., said in a statement after the rule was announced last month. “An accurate census count is at the very foundation of ensuring equal representation across our country and delivering federal funds where they’re needed most. The Census is enshrined in our Constitution and not up for political debate.”

Proponents, including some congressional Republicans who have introduced legislation to end the…