ICYMI: Ranking Member Robert Garcia, Tri-Caucus and Equality Caucus Chairs, Lead House Democrats in Demanding Trump Administration Withdraw Unconstitutional Census Rule

Washington, D.C. — Today, Rep. Robert Garcia, Ranking Member of the House Committee on Oversight and Government Reform, alongside Congressional Hispanic Caucus Chair Adriano Espaillat, Congressional Black Caucus Chair Yvette Clarke, Congressional Asian Pacific American Caucus Chair Grace Meng, and Congressional Equality Caucus Chair Mark Takano, led House Democrats in demanding the U.S. Census Bureau immediately withdraw its proposed rule that would unconstitutionally exclude millions of people from apportionment based on their immigration status. This alarming proposal would prevent the Bureau from collecting critical data on race, ethnicity, and sexual orientation needed to evaluate federal programs, identify disparities, and uphold civil rights protections.

“The Trump Administration is working to weaponize the Census as a backdoor attempt to erase entire communities from the representation and resources they deserve. This attempt would threaten civil rights protections, silence LGBTQ+ voices, and deny millions in diverse communities the representation they deserve. We will fight this rule in Congress and the courts,” said Ranking Member Robert Garcia.

“Once again, the Congressional Hispanic Caucus is sounding the alarm over the Trump Administration's efforts to politicize the Census. The Constitution requires a complete count of every person residing in the United States, regardless of citizenship or immigration status. Adding a citizenship question and excluding certain noncitizens from apportionment threaten that mandate, deter participation among mixed-status households, and deepen the historic undercount of Latino communities. Eliminating race and ethnicity questions would also undermine our ability to identify and address disparities in health care, education, housing, and more. An inaccurate count jeopardizes fair representation and billions in federal resources for communities in red and blue states alike. I am proud to stand with the Tri-Caucus, the Equality Caucus, and Oversight Committee Ranking Member Robert Garcia in opposing these proposals. Every person counts, every community counts, and no administration should decide otherwise,” said Rep. Adriano Espaillat, Chair of the Congressional Hispanic Caucus.

“The census is a constitutional mandate, not a political tool to be manipulated for partisan gain. Every person living in this country deserves to be counted, and every community deserves fair representation,” said Rep. Yvette D. Clarke, Chair of the Congressional Black Caucus. “The Trump Administration’s attempt to exclude millions of people based on immigration status and eliminate critical demographic data threatens the integrity of the census and undermines the civil rights protections that depend on an accurate count. As Chair of the Congressional Black Caucus, I know that an accurate census is essential to ensuring our communities receive the representation, resources, and protections they are entitled to under the law. We will not stand by while this Administration attempts to erase people from the count and silence the communities whose voices must be heard. This proposed rule must be withdrawn.”

“The Decennial Census is a fundamental pillar of our democracy that is required by the Constitution. It is not a tool that should be weaponized for political gain, yet Trump is yet again attempting to erase millions of Asian Americans and Pacific Islanders (AAPI) and other minority groups from census data,” said Rep. Grace Meng, Chair of the Congressional Asian Pacific American Caucus. “If enacted, Trump’s proposal will lead to the loss of representation and critical resources for millions of Americans. It will also eliminate the collection of racial and ethnic data that is critical to identifying disparities and understanding the needs of the distinct 72 ethnic origin groups that make up our diverse AAPI community. When Trump tried to include a citizenship question on the 2020 Decennial Census, I fought back and won. I am proud to again stand with my colleagues to fight this proposed rule and ensuring Asian Americans, Native Hawaiians, and Pacific Islanders receive the representation they deserve.”

“Once again, Trump is attacking one of the most important pillars of our republic: the right to be fully represented in the census and in the Congress of the United States,” said Rep. Mark Takano (CA-39), Chair of the Congressional Equality Caucus. “This proposed rule attempts to not only unconstitutionally exclude noncitizens from apportionment, but also ban demographic questions on race, ethnicity and sexual orientation. We have already seen how data on race and ethnicity are critical for enforcing the Voting Rights Act and civil rights protections that ensure equal opportunity for all regardless of race. The Census Bureau should not end this data collection and foreclose the possibility of a future question on sexual orientation that could similarly help us recognize and address disparities impacting LGBTQI+ Americans, including helping protect their civil rights and ensure their equal treatment under the law. This proposed rule is just the latest attack by this Administration against marginalized communities. It should not be allowed to take effect.”

In the public comment letter, Ranking Member Robert Garcia wrote, “We write to express our opposition to the Notice of Proposed Rulemaking (NPRM) titled Decennial Census of the Population of Americans; Proposed Residence Criteria and Proposed Regulations for Demographic Questions. The Trump Administration’s proposed rule would violate the Constitution’s 14th Amendment that congressional representation be apportioned based on the “whole number of persons” in each state, undermine enforcement of the Voting Rights Act and other crucial federal civil rights laws, and erase critical data on race, ethnicity, and sexual orientation needed to identify and combat discrimination. These changes would deny communities an accurate accounting of who they are and whether they are receiving equal representation, equal protection, and equal access to federal programs and resources. We demand that you immediately withdraw this unconstitutional and harmful rule.”

The public comment letter has been co-signed by 153 House Democrats.