A draft federal rule circulating within the Trump administration would change both who the census counts for congressional apportionment and what the census is permitted to ask. The document proposes two independent regulations: one narrowing the definition of “usual residence” so that foreign citizens other than lawful permanent residents, approved asylees, and approved refugees would not be counted for apportionment, and one barring questions about race, ethnicity, and sexual orientation from the census questionnaire. It is important to note that the draft is marked predecisional, and does not purport to be final. The rule has not been published in the Federal Register, and no public comment period has opened. Wired first reported the document, and Talking Points Memo published it on August 11, 2026.
The proposals reach redistricting on two tracks. Excluding noncitizens from the apportionment base would shift House seats and Electoral College votes among the states. Ending collection of race and ethnicity data would remove the block-level demographic detail used to draw districts and to litigate claims under the Voting Rights Act. The Commerce Department submitted the underlying rulemaking request in June 2026, and the proposal remains in White House review, where interested parties may request a meeting under Executive Order 12866 before a rule is drafted for publication. A July briefing on the potential proposed rule hosted by the Association of Public Data Users, the Population Reference Bureau, et al. can be viewed here.
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