Five Indian-American lawmakers joined more than 150 House Democrats on 31 October 2026 in formally demanding that the Trump administration withdraw a proposed census rule that would exclude certain non-citizens from the population count used to allocate congressional seats. The demand came through a public comment letter coordinated by the Congressional Asian Pacific American Caucus.

Who Signed and Who Led the Effort

The five Indian-American signatories were Pramila Jayapal, Ro Khanna, Raja Krishnamoorthi, Suhas Subramanyam, and Shri Thanedar, according to the Congressional Asian Pacific American Caucus. The letter was led by Robert Garcia, the top Democrat on the House Oversight and Government Reform Committee, alongside chairs of the Asian Pacific American, Hispanic, Black, and Equality caucuses. 'We will fight this rule in Congress and the courts,' Garcia said.

What the Proposed Rule Would Change

Under the Census Bureau's proposal — published on 10 September with a public comment deadline extended to 2 November — lawful permanent residents, commonly known as green-card holders, would remain counted in the apportionment population. However, undocumented immigrants and non-citizens holding legal status less permanent than a green card, including temporary visa holders, would be excluded. The bureau has argued that lasting residence and allegiance to the United States should determine who is counted for apportionment.

Separately, the proposal would bar questions about race, ethnicity, and sexual orientation from census questionnaires used to enumerate the population, though that restriction would not extend to the American Community Survey or other non-enumeration surveys.

Why Lawmakers Say It Violates the Constitution

The Democrats argued that the proposal would violate the 14th Amendment, which requires congressional representation to reflect the total number of persons in each state — not merely citizens. They contended that restricting demographic questions would weaken enforcement of voting rights and other civil rights protections. Grace Meng, who chairs the Asian Pacific American Caucus, warned that the changes could strip minority communities of both representation and access to federal resources, and erode the data needed to identify systemic disparities.

Republican Support and a Push to Go Further

Not all of Congress is opposed. Republican Representative Mary Miller of Illinois announced a separate letter on Friday backing the proposal — and calling on the administration to go even further by excluding all non-citizens, including green-card holders, from congressional apportionment. Miller's group also sought restrictions on demographic questions in the American Community Survey, extending beyond what the bureau had proposed, arguing that congressional representation should be determined solely by American citizens.

States Flag Redistricting Complications

The National Conference of State Legislatures filed its own comments on Friday, requesting an additional 60 days for public responses and state consultations. The body cautioned that census data are essential for drawing electoral boundaries and that American Community Survey estimates and administrative records cannot adequately substitute for detailed census block-level counts. It warned that altering the information collected without consulting states could complicate compliance with individual state redistricting laws and force costly new methodologies to allocate data to smaller geographical units. The United States conducts a full census every 10 years, with population figures used to divide the House of Representatives' 435 seats among the 50 states.