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U.S. Census Bureau Proposes New Residence Criteria and Demographic Question Regulations for Decennial Census

🇺🇸 United States1 recorded versionLast change 10 Sept 2026
ConfidenceVery high · 100%

Current rules

The Census Bureau is proposing to formalise new residence criteria in 15 CFR Part 60. Under the proposed general rule, a person's usual residence would be the residence where they lawfully spent the greatest number of days during the census enumeration period, supported by evidence such as tax records. The proposed enumeration period would run from 3 January through 1 April in a decennial census year, with 1 April remaining Census Day. A day at a residence would generally count if the person was physically and lawfully present there for at least one hour. For foreign citizens, the proposed rule would distinguish between legal statuses: Foreign citizens who are also U.S. citizens or lawful permanent residents as of 1 April would be counted at their usual residence. Other foreign citizens would not be counted for apportionment. The Census Bureau is considering using administrative records to determine an individual's legal status. The Bureau has access to records from federal agencies, state and local governments and other sources that could be used for this purpose. The proposal also invites comments on whether other immigration statuses should be considered sufficiently similar to lawful permanent resident status to qualify for inclusion. The proposal also establishes specific residence criteria for other groups. These include: People living outside the United States. U.S. military and civilian federal personnel stationed overseas. U.S. military personnel assigned to vessels. Merchant Marine personnel. People born or dying around Census Day. People confined in correctional or detention facilities. People staying in transitory locations such as hotels, motels, campgrounds and marinas. Separately, proposed 15 CFR Part 70 would restrict demographic questions. Questions about race, ethnicity or sexual orientation could not appear on the decennial census questionnaire. Questions about biological sex, date of birth and household relationships could be included for population-count verification. Other demographic questions would generally not require respondents to provide an answer.

Overview

The U.S. Census Bureau, under the Department of Commerce, has proposed significant amendments to the Code of Federal Regulations concerning the decennial census. These proposed rules introduce specific criteria for determining an individual's "usual residence" for population apportionment and establish new standards for demographic questions included on census questionnaires. The public has until 13 October 2026 to submit comments on these changes, which aim to ensure constitutional fidelity, improve data integrity, and promote efficiency in the census process.

Who is affected by the latest change

  • Foreign citizens present in the United States whose immigration or legal status would determine whether they are included in the apportionment count
  • Lawful permanent residents who would remain included under the proposed criteria
  • Foreign citizens who are not U.S. citizens or lawful permanent residents and could be excluded from the apportionment count
  • People whose usual residence must be determined under the proposed new residence criteria
  • U.S. citizens and federal personnel living or stationed outside the United States who fall within the proposed overseas residence rules
  • People in correctional or detention facilities
  • People living in transitory locations
  • Census respondents who would encounter the proposed restrictions on demographic questions

What changed in the latest version

Before

For the 2020 census, foreign citizens living in the United States were counted where they lived and slept most of the time. This rule did not separate foreign citizens who were legally present from those who were unlawfully present. Foreign citizens who were just visiting the United States, for example, for a holiday or business trip, were not counted. Historically, the Census Bureau has also made specific residence rules for groups like college students, people in prison, and military staff overseas. These rules have changed between each decennial census.

After

The Census Bureau is suggesting making new residence rules official in 15 CFR Part 60. The suggested general rule is that a person's usual residence would be where they lawfully spent most days during the census counting period. Evidence like tax records would support this. The suggested counting period would run from 3 January to 1 April in a decennial census year. 1 April would still be Census Day. A day at a residence would usually count if the person was physically and lawfully there for at least one hour. For foreign citizens, the suggested rule would treat different legal statuses in different ways: Foreign citizens who are also U.S. citizens or lawful permanent residents (people given the right to live permanently in the US) on 1 April would be counted at their usual residence. Other foreign citizens would not be counted for sharing out seats in Congress. The Census Bureau is thinking about using official records to find out a person's legal status. The Bureau can get records from federal agencies, state and local governments, and other places to do this. The suggestion also asks for comments on whether other immigration statuses should be seen as similar enough to lawful permanent resident status to be included. The suggestion also sets specific residence rules for other groups. These include: People living outside the United States. U.S. military and civilian federal staff stationed overseas. U.S. military staff assigned to ships. Merchant Marine (civilian sailors) staff. People born or who died around Census Day. People held in correctional facilities (prisons) or detention facilities. People staying in temporary places like hotels, motels, campsites, and marinas. Separately, the suggested 15 CFR Part 70 would limit demographic questions. Questions about race, ethnic group, or sexual orientation could not be on the decennial census form. Questions about biological sex, date of birth, and household relationships could be included to check population counts. People would generally not have to answer other demographic questions.

This suggested rule is important because it could completely change how population numbers are worked out for sharing out seats in the US House of Representatives. If foreign citizens are counted differently based on their legal status, it could change how many seats each state gets in Congress. This might also affect how federal money is given out, as this depends on census data. Organisations and people involved in immigration, constitutional law, or population research should carefully look at these suggestions. They show a big change in how the census is done and how data is collected.

Explained simply

Imagine the U.S. government needs to count everyone living in the country every ten years to figure out how many representatives each state gets in parliament, like counting seats on a school bus. They've realised their old rules for deciding where people 'officially' live and what questions they can ask on the form might not be fair or perfectly follow the big rulebook (the Constitution). So, they're suggesting two new sets of rules: one to make it clearer where someone is supposed to be counted (their 'usual home') and another to decide what questions about who you are can actually go on the census form. They're asking for everyone's opinion on these new rules by 13 October 2026 before they make them final.

Frequently asked

Version history

  1. v1Issued 10 Sept 2026ProposalHigh impact
    U.S. Census Bureau Proposes New Residence Criteria and Demographic Question Regulations for Decennial Census

    The US Census Bureau has suggested adding two new parts to the Code of Federal Regulations. These parts will control the decennial census, which happens every 10 years. One part sets out new rules for deciding a person's 'usual residence'. This is used to share out seats in Congress. Before, foreign citizens living in the US were counted, no matter their legal status. The second part sets rules and limits for demographic questions on census forms. These suggestions were published on 10 September 2026. They aim to follow the Constitution, make data safer, and work better. You can send comments on these suggested rules until 13 October 2026.

Timeline

  1. Action deadline

    13 Oct 2026

    Review the proposed rule document in the Federal Register to understand the full scope of the changes.

  2. Announced

    10 Sept 2026

    The U.S. Census Bureau, under the Department of Commerce, has proposed significant amendments to the Code of Federal Regulations concerning the decennial census. These proposed rules introduce specific criteria for determining an individual's "usual residence" for population apportionment and establish new standards for demographic questions included on census questionnaires. The public has until

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