Comments on the proposed 2030 Census rule are due November 2

The Census Bureau has extended the public comment period on a proposed rule that would change who is counted for apportionment in the 2030 Census and which demographic questions the census may ask. Comments are now due November 2, according to an extension notice published in the Federal Register on October 5. The original deadline was October 13.

The National Council of Nonprofits (NCN) opposes the rule and is urging nonprofits to comment. The Bureau says the proposals are intended "to ensure fidelity to the Constitution, improve and protect the core decennial census data, and promote efficiency."

What the proposed rule does

The Department of Commerce and the Census Bureau published the proposal on September 10 (docket USBC-2026-0628). It would add two new parts to the federal regulations that govern the census. The first sets residence criteria. Under the proposed text, foreign citizens who are not also U.S. citizens or lawful permanent residents as of April 1 of a census year would not be counted for apportionment. A person's usual residence would be the place where they lawfully spent the most days between January 3 and April 1, a period the rule calls the census enumeration period.

The second part says no question about race, ethnicity or sexual orientation shall appear on the census questionnaire used to count the population. Questions about sex, date of birth and household relationships would still be allowed. The proposal states that it does not restrict demographic questions on the American Community Survey or other surveys not used for the count.

Why the national council objects

NCN says the proposal would exclude broad categories of people, including international students, H-1B visa holders, refugees, asylum seekers and undocumented people, from the population count used to allocate congressional seats and federal funding. It also objects to dropping the race, ethnicity and sexual orientation questions.

Its link to nonprofits runs through funding. Census data inform the distribution of trillions of dollars in federal funding to communities, NCN wrote in its October 5 newsletter, and it argues that an undercount would reduce communities' access to federal resources and representation. Those are NCN's assessments of a proposal; a final rule could differ.

How many comments so far

NCN reported that more than 15,000 comments had been submitted as of September 30, with nearly 90% opposed; we have not checked the opposition share. The count has kept climbing. Federal Register data drawn from Regulations.gov showed 54,023 comments on the docket as of October 11.

How to comment

The notice accepts comments through Regulations.gov, by searching for docket USBC-2026-0628, or by mail to the Census Bureau at 4600 Silver Hill Road, Designation: ADDEMO/FRN, Washington, DC 20746. Comments are posted publicly, generally without change, including any names or addresses submitted; the Bureau says it will accept anonymous comments. NCN has published a comment guide with talking points and a template, and it is collecting sign-ons to a national letter.

What nonprofits should consider

In our view, the comments most useful to a rulemaking record are specific. An organization can say which Census-derived data it uses, such as for grant applications, program planning or needs assessments, and what it would lose if those figures became less reliable. Because comments are public, they should not identify clients or the people an organization serves.

Commenting on a proposed rule is generally not lobbying under federal tax rules, which focus on legislation, but boards with questions should ask counsel. Our guide yes, a nonprofit can lobby explains the limits. This is not legal advice.