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Attorneys General Challenge Proposed Census Changes

A coalition of 24 attorneys general and two governors filed comments opposing proposed changes to the 2030 Census that would exclude millions of noncitizens from the population count and prohibit questions about race, ethnicity, and sexual orientation.‍​​​​​​​​​​​‌‌‌​‌‌‌‌​‍

Based on available data, the proposed rule by the U.S. Census Bureau would exclude roughly 16.1 million people nationwide, including around 3 million California residents—more than 7.5% of the state’s population. The coalition argued that removing demographic questions would deprive states of critical data they rely on to shape public policy, identify disparities, and enforce antidiscrimination laws.

California Attorney General Rob Bonta, who co-led the coalition with the attorneys general of Minnesota, New Jersey, and New York, said the proposal violates the Constitution. “The U.S. Constitution requires that the Census count every person living in the United States. The Trump Administration doesn’t get to pick and choose who is included,” Bonta said. “Excluding millions of people is not only blatantly unlawful, but also threatens communities’ political representation and distorts access to critical federal funding.”

The coalition argued that excluding noncitizens—including undocumented immigrants, people on temporary visas, refugees, and asylum seekers—violates the Fourteenth Amendment’s requirement to count all persons for congressional apportionment and the Census Act. The proposed rule would also abandon the longstanding principle of counting people at their usual residence. Instead, people would be counted where they lawfully spend the greatest number of days between January 3 and April 1, potentially counting them in vacation homes or workplaces rather than where they ordinarily live.‍​​​​​​​​​​​‌‌‌​‌‌‌‌​‍

The decennial census has collected demographic information about race since 1790. Removing questions about race, ethnicity, and sexual orientation would mark a significant departure from that practice.

The coalition’s action continues California’s opposition to census changes. In 2018, California filed the first lawsuit challenging the Trump Administration’s attempt to add a citizenship question to the 2020 Census. In March 2026, Bonta joined another coalition of attorneys general opposing plans to add a citizenship question to the 2030 Census test.‍​​​​​​​​​​​‌‌‌​‌‌‌‌​‍

 

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