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 20...
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