U.S. bishops are opposing proposed Census Bureau rule changes that would determine who is counted for congressional apportionment in the 2030 census, arguing that excluding noncitizens without lawful permanent resident status would effectively deny them recognition as persons.
The U.S. Conference of Catholic Bishops (USCCB) issued a public comment on Oct. 22 to the Commerce Department, which houses the Census Bureau, asking it to entirely withdraw the proposed changes, which the bishops say "conflict with our fundamental belief in the equal dignity of every person, the obligations of a just society, and legal precedent."
The bishops compared the proposal to the Three-Fifths Compromise, calling to mind a constitutional provision rooted in slavery that was later changed and counted enslaved people as three-fifths of a person for purposes of congressional representation. They pointed to potential harm to federally funded healthcare, anti-poverty, family support, and infrastructure programs if millions of people are excluded from the census count.
The proposed rule changes, published Sept. 10 and open to public comment until Nov. 2, would count only citizens and lawful permanent residents (LPRs) for apportionment, with the bureau stating that "illegal aliens (among others) should not be included in the apportionment count, as they are not true inhabitants, members of the body politic, or persons with a 'usual residence' in the United States due to their lack of a sufficient tie and allegiance to the United States."
"Excluding from the census noncitizens without LPR status, including but not limited to members of the undocumented population, is effectively to deny they are 'persons,'" the letter said.
The bishops called this change a "novel view," challenging the Census Bureau's interpretation of "usual residence," which it says would generally be the place where a person lawfully spent the greatest number of days from Jan. 3 to April 1, consistent with tax records. The letter also notes some drafting ambiguity in the proposal about whether non-LPRs would be excluded from the census entirely or only from the apportionment base.
The bishops say relying on tax records without a clear methodology will be statistically impractical and risks inaccuracy, arguing that additional questions or new practices will become necessary to determine whether a person's "usual residence" conforms with their legal immigration status. They cite research findings published by the U.S. Census Bureau showing "an adverse effect on response rate" when immigration status and citizenship questions are scrutinized.
They noted that every census since it began in 1790 has counted noncitizens, including those without permanent legal status.
The bishops also wrote that in addition to its primary purpose of determining the number of seats allotted to each state in the U.S. House of Representatives, which is determined by population, the census, mandated by the U.S. Constitution, produces data used to apportion federal funds to communities.
An undercount could severely harm the common good, the bishops argue, as programs that receive trillions in federal funding to provide healthcare, reduce poverty, support families, and provide crucial infrastructure utilized by all citizens will be impacted through excluding millions of persons from the apportionment count.
They note that Catholic ministries, which often operate at the government's request to help implement programs guided by census data, would be hindered in their service to vulnerable populations if communities lose access to resources and if the data needed to understand local needs is less accurate.
The Census Bureau in the proposed rule change is also seeking to prohibit demographic questions concerning race, ethnicity, and sexual orientation on questionnaires used to count the population, supporting the change by citing privacy concerns, saying certain questions may make individuals more identifiable, and noting that fewer questions on the census questionnaire will increase the response rate. The bureau also argues such questions do not advance the core constitutional purpose of a census for apportionment of House seats.
The bishops suggest including a "prefer not to disclose" option rather than removing questions about race and ethnicity altogether, writing that "demographic data can help identify and address inequity" due to racism. They note that the bureau "does not even attempt to address how the proposed restrictions on the collection of demographic information could adversely impact" the support various communities receive based on their particular community's needs, which demographic data collected on the census helps determine.
The U.S. Census Bureau did not immediately respond to EWTN News' request for comment.
