Immigrant Rights Groups Seek to Dismiss GOP Lawsuit on 2030 Census

The lawsuit aims to exclude undocumented immigrants from the population count.

Published on Feb. 10, 2026

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Immigrant rights groups are seeking to dismiss a Republican lawsuit that would prohibit the U.S. Census Bureau from counting people who are in the U.S. illegally during the 2030 census. The groups argue the lawsuit would violate the law and require a costly recount of the U.S. population from 2020.

Why it matters

The census numbers guide the distribution of federal money and determine the number of congressional seats and Electoral College votes each state receives. Excluding undocumented immigrants could distort political representation and federal funding for millions of Americans.

The details

The Missouri lawsuit asks that the apportionment process using the 2020 census figures be redone without including people in the U.S. illegally, and that the process after the 2030 census be conducted in the same manner. A similar lawsuit is pending in federal court in Louisiana, and Republican lawmakers have introduced legislation to accomplish the same goal.

  • The lawsuit was filed by Missouri Attorney General Catherine Hanaway in late January 2026.
  • The 2030 census is scheduled to take place.

The players

Immigrant Rights Groups

Groups seeking to intervene and dismiss the Republican lawsuit, represented by several ACLU Foundation chapters.

Catherine Hanaway

Missouri Attorney General who filed the lawsuit to exclude undocumented immigrants from the census.

U.S. Census Bureau

The federal agency responsible for conducting the decennial census, which has interpreted the Constitution's 14th Amendment to mean counting all persons living in the U.S., regardless of legal status.

Donald Trump

The former president who instructed the Commerce Department to have the Census Bureau start work on a new census that would exclude immigrants who are in the U.S. illegally from the head count.

Howard Lutnick

The Commerce Secretary who acknowledged during a Senate hearing that citizenship is not a factor in the apportionment process under the Constitution.

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What they’re saying

“That unlawful request would distort representation for millions of Americans and shake the foundations of our representative democracy.”

— Immigrant Rights Groups (ACLU Foundation chapters)

“What the questionnaire is, I don't know, and we've not decided.”

— Howard Lutnick, Commerce Secretary (Senate Appropriations Committee hearing)

What’s next

The judge in the Missouri case will decide whether to dismiss the lawsuit filed by the state's Attorney General. A similar lawsuit is also pending in federal court in Louisiana.

The takeaway

This case highlights the ongoing political battle over how the census should count the U.S. population, with immigrant rights groups fighting to include all residents, and Republicans seeking to exclude undocumented immigrants for potential political gain.