WASHINGTON, D.C. — The Census Bureau stated the concept of “usual residence” factors in an element of allegiance. This principle has guided the agency since 1790. The concept of “usual residence” was established by the First Congress in the First Census Act on March 1, 1790. Section 5 of that act established that each person’s residence should be determined based on their “usual place of abode” or where they “usually reside[].” The Census Bureau stated it has historically developed and applied more specific residence criteria for each decennial census.

The sole Constitutional purpose of the decennial census is to apportion the seats in the U.S. House of Representatives among the States based on the number of qualifying persons “in each State.” Under 13 U.S.C. 141, the Census Bureau is statutorily tasked with tabulating the total population of the States required for apportionment. The Census Bureau evaluates each person’s “usual residence” as of April 1st of the decennial census year. April 1st is the statutorily-designated date of the decennial census. The census enumeration period is defined as running from January 3 to April 1 during decennial census years.

The proposed rule has a publication date of September 10, 2026. Comments on the proposed rule must be received by a date 30 days after publication in the Federal Register. Comments may be submitted electronically via the Federal eRulemaking Portal at regulations.gov using docket number USBC-2026-0628.

Written comments may be mailed to 4600 Silver Hill Road, Designation: ADDEMO/FRN, Washington, DC 20746. The Census Bureau will accept anonymous comments. Comments containing offensive or threatening language will not be posted.

Timeline

On September 9, 2026, the Census Bureau proposed a rule to exclude illegal aliens and certain foreign citizens from the decennial census apportionment count. On the same date, the agency proposed prohibiting race, ethnicity, and sexual orientation questions on the decennial census short-form questionnaire.

The agency stated the proposals aim to ensure fidelity to the Constitution by defining usual residence based on allegiance. The Census Bureau proposed adding two new parts to the Code of Federal Regulations governing the decennial census of population and housing. The agency indicated it will accept anonymous comments. One proposed part outlines residence criteria used for identifying each person’s “usual residence” to determine whether and where to count them in the census. The Census Bureau stated the census process should be colorblind and not distorted by questions about immaterial personal characteristics such as race.

Why It Matters

The proposed rule alters the basis for the decennial census apportionment count, which determines the distribution of seats in the U.S. House of Representatives among the states. By excluding individuals who are not citizens or lawful permanent residents as of April 1, the rule changes the population base used for this constitutional mandate. The Census Bureau cites fidelity to the Constitution and the concept of allegiance as the rationale for redefining usual residence.

The proposal also removes demographic questions regarding race, ethnicity, and sexual orientation from the short-form questionnaire. The agency states this change aims to make the census process colorblind and to reduce response burden and disclosure risks. The rule is subject to public comment, with submissions accepted through the Federal eRulemaking Portal and by mail until 30 days after its publication in the Federal Register.