FAQs.

The proposed changes would have an impact on the ACS and other federal data collections. The decennial census serves as the benchmark for the ACS and most other population- and household-based surveys in the United States (both in the public and private sectors). Because the ACS relies on the decennial census for weighting, any changes would affect both the reliability and the usability of the ACS (and other surveys, both public and private). While the changes may not impact the Bureau’s ability to ask questions, the impact assessment shared along with the proposal makes it clear that the changes would have a detrimental effect on data collected.

While income is not directly asked in the decennial census, income data quality would see ripple effects because the accuracy of the ACS depends on an accurate census. (Refer to the question above, How will the proposed changes impact the American Community Survey (ACS) and other federal data collections?, for more details.)

BLS surveys, including the Current Population Survey, use the decennial census as a benchmark, a trusted reference point the survey results are measured against. Because these surveys reach only a sample of households, BLS uses census population counts to make sure the results accurately represent the whole country. If census quality slips, every survey benchmarked to it slips too. BLS also relies on census data to produce statistics by race and ethnicity, like unemployment rates for Black and Hispanic workers. Without race and ethnicity in the census, those numbers lose their benchmark.

Changes to the census could negatively affect the accuracy of unemployment data because the decennial census is the benchmark for the Current Population Survey.

Any inaccuracy in the count or lack of clarity regarding residence criteria may affect census tract designations.

Census Bureau leadership has cautioned in earlier public meetings that redistricting data (PL 94-171) may be restructured for the 2030 Census.

The proposed rule creates a “census enumeration period” that runs from January 3 to April 1 of the census year. A person’s usual residence would be wherever they spent the most days during that window, and being somewhere for as little as one hour counts as a day there. In 2020, usual residence was the place a person lives and sleeps most of the time. By introducing an unprecedented “enumeration period,” the proposed rule opens the possibility that people may not be counted at their usual residence as of Census Day (April 1). For example:

• Seasonal workers, like winter resort staff and farmworkers, may be counted at their winter location rather than their usual residence as of Census Day.
• People who have “winter” residences in warmer locations or at winter work locations (such as traveling nurses or ice road truckers) may be counted at their winter location rather than their usual residence on Census Day.

The rule also says a person’s usual residence should be “consistent with, and evidenced by” their tax records, such as tax returns and W-2s. The Census Bureau plans to rely more heavily on administrative records for the census and says it may use tax filings submitted after April 1 to help decide where someone was between January 3 and April 1. Tax records use mailing addresses rather than residential addresses, and a tax return only shows the address someone listed on the day they filed. Nothing on it records how many days they slept there. Relying on tax records will cause difficulty in counting anyone who:

• Does not have standard street addressing (such as many people living in rural and tribal areas),
• Uses a relative’s address for tax filing (such as college students), or
• Uses a business address for tax filing (such as small business owners or people who file using their tax preparer’s address).

For more information on residence criteria, refer to What Are “Residence Criteria” and How Would They Be Used to Change Who “Counts?” by the Massive Data Institute at the McCourt School of Public Policy, Georgetown University.

The proposed rule states that only citizens and Lawful Permanent Residents (Green Card holders) will be counted for apportionment.

This means any non-citizen who is not a lawful permanent resident—including refugees (Temporary Protected Status persons), student visa holders, and work visa holders—would not be counted.

In addition, the rule could exclude Compact of Free Association (COFA) migrants from the census. COFA allows citizens of the Marshall Islands, Federated States of Micronesia, and Palau (foreign nations) to legally reside in the U.S. without a visa (refer to the USCIS Status of Citizens of the Freely Associated States of the Federated States of Micronesia and the Republic of the Marshall Islands Fact Sheet, and Status of Citizens of the Republic of Palau Fact Sheet). While COFA migrants have documentation indicating their legal status (I-94), it is not a Green Card (lawful permanent resident status) even though they may be in the U.S. permanently.

The rule would not count most U.S. citizens living abroad, but there are exceptions for some people such as federal employees and military personnel stationed overseas.

Yes and no. Residence criteria were circulated for public comment in the past (you can find the 2020 criteria here) but the current process is distinctly different in four ways:

1. This rulemaking would change federal law, rather than simply set Census Bureau policy for the next decennial census. It would write the residence criteria into the Code of Federal Regulations, making them binding on future censuses. Past criteria were Census Bureau policy, reviewed and reissued before each census.
2. No rulemaking has ever before been proposed to prohibit questions from the decennial census.
3. The chain of command is new. The proposal was signed by the Secretary of Commerce, not the head of the Census Bureau. The 2020 criteria were signed by the official then performing the duties of the Census Bureau director, a role that is also filled on an acting basis today. Questions about this proposal go to Commerce’s Office of General Counsel; in 2020, they went to Census Bureau staff.
4. It allows just 30 days for public comment. The 2020 process began with an open call for input in 2015, followed by a 60-day comment period on the proposed criteria in 2016.

Although not addressed in this proposed rule, a separate new Department of Commerce administrative order (DAO 201-46) sets “policy to conduct all domestic, non-public safety operations and activities in English—and only English—to the maximum extent permitted, consistent with applicable law.” However, Title 13 of U.S. Code requires “use of Spanish language questionnaires, bilingual enumerators, and other such methods as deemed appropriate by the Secretary.” The Census Bureau has not yet addressed this and may wait until later in the process to share their plan.