Washington D.C. – Rep. Marjorie Taylor Greene (R-Ga.) has announced her intention to introduce legislation that would fundamentally alter the U.S. Census by requiring it to count only American citizens for the purpose of apportioning congressional seats and distributing federal funds. The move has ignited a fierce debate, drawing praise from those who believe it will safeguard American elections and condemnation from those who argue it is a direct assault on the U.S. Constitution.
Greene’s proposal, as outlined in her public statements, would mandate the Census Bureau to include a question about citizenship on the decennial census and to use only the count of U.S. citizens when determining the number of representatives each state receives in the House of Representatives. “In conducting the new census of the U.S. population,” Greene wrote online, “it shall require questions determining the citizenship of each individual and count U.S. citizens only. Upon completion of the census, the bill will direct states to immediately begin a redistricting of all U.S. House seats process using only the populations of U.S. citizens.”

Proponents of this measure, including Greene and groups like Heritage Action, argue that including non-citizens in the census count for apportionment dilutes the votes of American citizens and unfairly benefits states with large immigrant populations, often perceived as Democratic-leaning. They contend that only citizens should have a say in the political destiny of the United States and that counting non-citizens, particularly those in the country illegally, incentivizes “sanctuary” policies.
However, opponents of the proposed legislation, including civil rights organizations and many legal scholars, argue that it is unconstitutional. They point to the 14th Amendment of the Constitution, which states that representatives shall be apportioned among the several states “counting the whole number of persons in each State.” The U.S. Supreme Court has consistently interpreted “persons” to include all residents, regardless of their citizenship or legal status.
The debate hinges on the interpretation of the Constitution’s “Equal Protection Clause.” Opponents of Greene’s bill argue that excluding non-citizens from the count would violate this principle by denying equal representation to all individuals living within a state’s jurisdiction. They also emphasize that census data is used for more than just apportionment; it guides the distribution of trillions of dollars in federal funding for essential services like schools, hospitals, and infrastructure. An inaccurate count, they argue, would harm all communities by leading to a misallocation of these vital resources.
This is not the first time such a proposal has been put forward. Similar efforts have been made in the past, including an attempt by the Trump administration to add a citizenship question to the 2020 Census. That effort was ultimately blocked by the Supreme Court, which found the administration’s justification for the question to be “contrived.” Legal challenges to excluding non-citizens from the census have also been successful in the past, with courts repeatedly affirming that the Constitution requires a count of all persons.
Studies on the potential impact of excluding non-citizens from the census have yielded mixed results. While some argue it could shift a few congressional seats and Electoral College votes, a recent study found that the inclusion of people in the U.S. illegally has had a negligible impact on presidential elections and control of Congress in the past four censuses.
As Rep. Greene prepares to formally introduce her legislation, the debate over who counts in America is set to intensify, raising fundamental questions about the nature of representation, the interpretation of the Constitution, and the future of American democracy.