Republicans renew push to exclude noncitizens from the census that helps determine political power

Republicans in Congress are advocating for a citizenship question in the decennial census and the exclusion of non-citizens from the count that determines U.S. political power. The GOP-led House is expected to vote on the Equal Representation Act, which aims to exclude non-citizens from the census tally used to allocate House seats and Electoral College votes. However, the bill faces opposition from the Democratic-controlled Senate and the White House, and raises legal concerns as the Constitution mandates counting all people during apportionment.

The proposal has alarmed redistricting experts, civil rights groups, and Democratic lawmakers, who view it as a revival of Trump administration efforts to impose limits that would significantly alter the census dynamics. Critics argue that the idea, previously considered fringe, has advanced further in the legislative process than ever before.

The 14th Amendment mandates that congressional seats be distributed among states based on their total population. Census figures also guide the allocation of $2.8 trillion in federal funding. Previous attempts to add a citizenship question to the census form were blocked by the Supreme Court in 2020.

Critics argue that the citizenship question, allegedly inspired by late Republican redistricting expert Tom Hofeller, could benefit Republicans and non-Hispanic whites. Supporters of the legislation argue that counting people in the U.S. illegally aids Democrats. If Trump becomes president again, his administration could potentially add a citizenship question without repeating the procedural errors cited in the 2019 Supreme Court ruling.