Proposed legislation could reshape congressional and presidential representation
Republican members of the U.S. Congress have introduced multiple bills aimed at changing how the 2030 census population counts are used to apportion seats in the House of Representatives and assign Electoral College votes. These proposals seek to exclude noncitizens from the figures used to determine political representation.
Under the 14th Amendment, the apportionment count must include the “whole number of persons in each state.” However, recent bills advocate subtracting some or all noncitizens from these tallies. One such measure was introduced by the House Appropriations Committee and awaits a subcommittee vote.
Legal and operational challenges ahead
Three major proposals are currently under consideration. Two of them, sponsored by lawmakers from Tennessee and North Carolina, propose excluding all noncitizens — including legal permanent residents and visa holders — from apportionment counts. They also call for adding citizenship and immigration status questions to future census forms.
Experts warn these changes could compromise census accuracy, echoing concerns raised during the 2020 census, when an attempt to include a citizenship question was ultimately blocked by the Supreme Court.
While the bills would not affect overall census numbers used for allocating federal funds, they could significantly impact political representation. Legal challenges are expected if any measure passes, as this would mark a historic shift in census practices.
Additionally, some legislators have introduced a resolution to amend the Constitution to count only U.S. citizens for apportionment purposes — a process that would require broad approval across Congress and the states. Until then, the debate continues, with potential implications for how population and representation are defined in the coming decade.
