We Finally See Trump Administration’s Sweeping Census Power Grab Emerge

beSpacific 2026-08-13

TPM’s Layla A. Jones and Josh Kovensky published a major story yesterday outlining a new, draft Commerce Department rule [Wired first reported the draft rule’s existence] that is circulating within the Trump administration. Our story includes documents that TPM is the first outlet to make public. The rule aims to do two things: exclude undocumented immigrants and other types of non-citizens from the census (in violation of the Constitution), and stop the census from collecting most demographic data on Americans. These changes would have several impacts, the enormity of which is hard to overstate:

  • They would likely change allocations of power in Congress, shifting it toward red states. After the decennial census, the federal government apportions congressional seats to states. A census that doesn’t count many categories of non-citizens would see fewer congressional seats apportioned to blue states, and, as a result, more apportioned to red states.
  • They would likely change the Electoral College, again shifting power toward red states. The Electoral College is based on each state’s congressional allotment. Fewer seats for blue states in Congress would mean blue-state voters have less power to elect the president.
  • They would eliminate a crucial source of data. By not collecting data on race and other demographics, the administration would eliminate information that is critical both for the government, as it distributes congressionally allocated funds to various communities meant to receive those funds, and to researchers trying to better understand America.
  • They would make it harder to challenge maps that are gerrymandered based on race. Data on race is a critical tool for plaintiffs looking to prove that state governments have illegally carved up their congressional districts to dilute the power of minority voters. “You have to prove discrimination, you have to prove the fact that you have been discriminated against,” Walter Schwarm, a California state demographer, told TPM. “But if you don’t have race and ethnic data on the ground, how can you prove that you’re being discriminated against?”…