Immigrant Rights Groups Seek to Dismiss Republican Lawsuit Excluding Noncitizens from US Census

The lawsuit aims to prohibit the Census Bureau from counting people in the US illegally during 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 distort representation for millions of Americans and undermine the foundations of representative democracy.

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 shift political power and federal funding away from states and communities with large immigrant populations.

The details

The lawsuit, filed by Missouri Attorney General Catherine Hanaway, 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 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.

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What they’re saying

“Citizenship wasn't a factor in the apportionment process under the Constitution.”

— Howard Lutnick, Commerce Secretary (WRAL)

What’s next

The judge in the case will decide whether to dismiss the Republican lawsuit in the coming months.

The takeaway

This lawsuit is the latest effort by Republicans to exclude undocumented immigrants from the census, which could shift political power and federal funding away from states and communities with large immigrant populations. The outcome of this case will have significant implications for the 2030 census and the future of representative democracy in the United States.