Immigrant Rights Groups Seek to Dismiss GOP Lawsuit to Exclude Noncitizens from Census

The lawsuit aims to prevent the Census Bureau from counting undocumented immigrants in the 2030 census.

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 representation for millions of Americans and undermine the foundations of representative democracy.

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 Constitution's 14th Amendment says 'the whole number of persons in each state' should be counted for apportionment, which the Census Bureau has interpreted to mean anybody living in the U.S., regardless of legal status.

  • The Missouri lawsuit was filed in late January 2026.
  • The 2030 census is scheduled to take place.

The players

Catherine Hanaway

The Missouri Attorney General who filed the lawsuit.

ACLU Foundation

The organization representing the immigrant rights groups seeking to intervene and dismiss the lawsuit.

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 that citizenship wasn't a factor in the apportionment process under the Constitution.

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What they’re saying

“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 case will decide whether to dismiss the Republican lawsuit filed by Missouri Attorney General Catherine Hanaway.

The takeaway

This case highlights the ongoing debate over the role of noncitizens, including undocumented immigrants, in the census and the apportionment process that determines political representation. The outcome could have significant implications for the distribution of federal resources and the balance of political power in the United States.