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The Census Bureau is proposing to add two new parts to the Code of Federal Regulations governing the decennial census of population and housing.
First, the Census Bureau is proposing to add a part outlining the residence criteria used for identifying each person's “usual residence,” as needed to determine whether and where to count them in the census of the population throughout the United States. For example, "the Census Bureau proposes to include lawful permanent residents within the apportionment base, while excluding from the apportionment base illegal aliens and aliens whose legal status is less durable and indefinite in length than lawful permanent resident status.” This is a major change compared to the recent censuses that count people at the location where they live and sleep most of the time, regardless of immigration status.
Second, the Census Bureau is proposing to add a part establishing standards and restrictions for the inclusion of certain demographic questions on the decennial census short-form questionnaire and any other questionnaire used for the enumeration of the population. For example, recent decennial censuses have asked questions about race and ethnicity; however, the proposed changes “would prohibit the inclusion of questions about race and ethnicity or sexual orientation on the decennial census short-form questionnaire or any questionnaire used for purposes of the enumeration.” The Census Bureau could, in addition, include a question about legal status on the short-form decennial census questionnaire.
These proposed changes outlined in the Federal Register Notice are significant and represent a notable change in recent decennial censuses. You are encouraged to learn more about the reasons behind the proposed rules and determine how this could affect enumeration in your community and their implications for your work. The deadline for public comment is October 13, 2026.
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