A new proposed rule, scheduled for publication tomorrow (Sept. 10), would make two independent but related changes to the decennial census. First, it would establish new residence criteria under which foreign citizens who are neither U.S. citizens nor lawful permanent residents would not be counted for congressional apportionment. Second, it would prohibit questions about race, ethnicity, and sexual orientation on questionnaires used for census enumeration, while still allowing questions on biological sex, date of birth, and household relationships for data verification purposes.
These changes would mark a major break with more than two centuries of census practice: Race data have been collected in every census since 1790, and both citizens and noncitizens who usually reside in the United States have historically been included in congressional apportionment.
The proposal doesn't come as a surprise. The rulemaking first became public in July, when it was submitted to the White House for review, and an earlier draft obtained by TPM revealed many of the details. APDU and several partner organizations held a rapid-response briefing on the changes experts expected might be under consideration.
If finalized as proposed, the changes would alter congressional apportionment and Electoral College allocations, reshape the data available for redistricting and civil rights enforcement, and change the comparability of census data over time. They would also increase the role of administrative records in the census, including data obtained from other federal agencies.
The Census Bureau is requesting public comments, due 30 days after publication. This is an important opportunity for data users to explain how the proposed changes would affect the accuracy, usefulness, and availability of census data.
Read the proposed rule
Read NPR's explainer
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Mark Mather
Associate VP
PRB
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