Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Supervisor Noelia Corzo, District 2
County Executive's Office; Office of Community Affairs; Office of Racial and Social Justice; and Office of Legislative Affairs
Subject: Opposition to Proposed Federal Rule That Would Change the Conduct of the 2030 Census
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RECOMMENDATION:
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Adopt a resolution supporting County of San Mateo’s making or joining in comments opposing a proposed federal rule that would change the conduct of the 2030 Census to exclude many noncitizen residents from the apportionment count, eliminate race and ethnicity questions, and add a legal-status question to the decennial census questionnaire.
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BACKGROUND:
The United States Constitution requires an actual enumeration of the population for apportionment of seats in the House of Representatives, and the Fourteenth Amendment requires Representatives to be apportioned according to the “whole number of persons in each state.” An accurate decennial census is foundational to representative democracy, congressional apportionment, Electoral College allocation, redistricting, voting rights enforcement, public planning, and the equitable allocation of public resources.
On September 10, 2026, the United States Department of Commerce, through the United States Census Bureau, published a proposed rule titled “Decennial Census of the Population of Americans; Proposed Residence Criteria and Proposed Regulations for Demographic Questions,” Docket No. USBC-2026-0628, RIN 0607-AA75 (Proposed Rule).
The Proposed Rule would define “usual residence” for congressional apportionment in a manner that counts United States citizens and lawful permanent residents while excluding other foreign citizens from the apportionment count. It would also prohibit questions concerning race and ethnicity on the decennial census questionnaire and solicits comment on adding a legal-status question to the 2030 Census short-form questionnaire.
Comments on the Proposed Rule close on October 13th, 2026.
DISCUSSION:
San Mateo County is home to diverse communities, including immigrant residents, mixed-status families, limited-English-proficient residents, communities of color, and residents with diverse sexual orientations and gender identities. Their full and accurate inclusion in Census data is essential to equitable representation, public-service planning, and effective government.
Excluding people who reside in the United States from the apportionment count based on immigration status could reduce California's representation in Congress and the Electoral College and undermine the principle that political representation should reflect the people who live in and are served by a community. Eliminating race and ethnicity questions would impair authoritative, nationwide, community-level demographic information used to measure change, identify disparities, guide equitable policy and service delivery, support civil rights compliance and enforcement, and conduct fair and effective redistricting.
A citizenship, immigration-status, or legal-status question could deter participation among immigrant households and mixed-status families, increasing the risk of an undercount. Expanded use of administrative records to assess legal status and residence also raises concerns regarding data accuracy, completeness, due process, privacy, public trust, and potential chilling effects on participation.
Adoption of the resolution would oppose these proposed changes; urge the Department of Commerce and Census Bureau to retain a residence-based enumeration that counts every person residing in each state and meaningful, self-reported race and ethnicity questions; urge withdrawal or substantial revision of the Proposed Rule; authorize and direct the County Executive or designee to submit or join a comment letter in Docket No. USBC-2026-0628 by the applicable public-comment deadline; and direct transmission of a certified resolution to relevant federal, state, and local entities.
The County Attorney has reviewed and approved the resolution as to form.
COMMUNITY IMPACT:
Supporting a complete, accurate, inclusive, confidential, and equitable 2030 Census advances the County's commitment to racial and social equity and helps preserve data needed to identify disparities, plan services, enforce civil rights protections, support fair representation, and equitably deliver public resources to all San Mateo County residents.
FISCAL IMPACT:
There is no fiscal impact associated with adoption of this resolution.