Nearly 56,000 comments filed on the 2030 census noncitizen rule as critics expect a court fight

The public has filed 55,915 comments on the Trump administration's proposal to leave some noncitizens out of the 2030 census apportionment count, according to the federal rulemaking docket as of midday Tuesday. People have until November 2 to weigh in, after the U.S. Census Bureau pushed the deadline back from October 13.

The extension was published in the Federal Register on October 5. The new deadline falls the day before Election Day.

Opponents expect the rule to end up in court. Meeta Anand, senior director of census and data equity at the Leadership Conference on Civil and Human Rights, told CNBC that litigation is the most likely outcome, and that she did not expect everything to be fixed through the comment process.

The proposed rule, published September 10, would count lawful permanent residents in the population totals used to divide the 435 House seats. It would exclude "illegal aliens and aliens whose legal status is less durable and indefinite in length than lawful permanent resident status." CNBC reported that this would leave out millions of people who are in the country legally without a green card, including student visa holders, people with temporary protected status, refugees, and asylum seekers. The bureau asked for comments on whether other legal statuses are similar enough to permanent residence to be counted.

To sort out who counts, the bureau said it is considering using "its enormously broad access to administrative records to determine an individual's legal status." The rule would also bar questions about race, ethnicity, and sexual orientation from the census short form. We covered the full proposal when it was released and what dropping the race question would cost.

Critics say the plan conflicts with the 14th Amendment, which apportions House seats by "the whole number of persons in each State." Every census since 1790 has counted noncitizens in that total.

"This rule is yet another attack on democracy by Donald Trump," Sen. Andy Kim, D-N.J., said in a statement. Rep. Grace Meng, D-N.Y., said on September 11 that "an inaccurate count risks a decade of consequences."

Republicans backing the change say counting everyone gives extra power to states with large immigrant populations. Rep. Andrew Clyde, R-Ga., introduced the Make Apportionment Great Again Act on September 15 with more than 40 House Republicans. It would require a new reapportionment before the 2028 election that leaves out noncitizens and add a citizenship question to the 2030 census. "Amid high stakes and slim margins, Congress must act before the 2028 elections," Clyde said. Sen. Bill Hagerty, R-Tenn., reintroduced a bill in 2025 to end the counting of people in the country illegally for House seats and electoral votes.

Which states would gain and lose seats

A New York Times analysis cited by CNBC found that Florida, Rhode Island, and Texas would each lose a seat under the rule, while Minnesota, Ohio, and Oregon could each gain one. Florida and Texas generally favor Republicans. Our own reapportionment on current population estimates, which counts everyone, moves seven seats, with Texas and Florida gaining two each.

Census counts also steer federal money. Julie Morita, president and CEO of the Joyce Foundation, told CNBC the rule could cut funding for Medicaid, the Children's Health Insurance Program, SNAP, and Head Start.

The Commerce Department, which oversees the bureau, and the Census Bureau did not respond to CNBC's requests for comment.

Federal law sets the timeline. The Commerce secretary must send Congress the subjects the census will cover at least three years before Census Day, and the actual questions at least two years before. For the April 1, 2030, count, that puts the deadlines at April 1, 2027, and April 1, 2028. Congress can override a final rule with legislation. In New York, the city council speaker and attorney general have formed a task force to oppose the proposal.

In 2020, near the end of his first term, President Trump tried to leave people in the country illegally out of the apportionment count. That change was not carried out.

Sources

CNBC, "Trump census plan to cut noncitizens from 2030 count spurs critics toward legal fight," by Justin Papp, October 13, 2026. Census Bureau, proposed rule (Federal Register, September 10, 2026) and comment period extension (October 5, 2026). Comment count from docket USBC-2026-0628 on Regulations.gov, as reported by the Federal Register on October 13. Congressional Research Service, Citizenship and Residence Criteria for the 2030 Census: Recent Developments (September 28, 2026). Statements from Sen. Andy Kim, Rep. Grace Meng, Rep. Andrew Clyde, and Sen. Bill Hagerty. Reporting deadlines are from 13 U.S.C. 141(f).