Rep. Mary Miller (R-IL) is leading a group of 44 members of Congress in calling for the 2030 Census to count only U.S. citizens when determining how many seats each state receives in the House of Representatives.

The lawmakers, including members of the House Freedom Caucus, sent a letter to Commerce Secretary Howard Lutnick supporting a proposed Census Bureau rule change that would significantly alter how the federal government counts the population for congressional apportionment.

The letter argues that the Constitution's primary purpose for the decennial Census is to determine representation in Congress and that the process should therefore focus on American citizens rather than the broader population living within U.S. borders.

"The primary and singular Constitutional purpose of the Census is to apportion seats in the U.S. House of Representatives, counting those who are qualified in each state," the lawmakers wrote.

They challenged the Census Bureau's longstanding use of the term "usual residence" to determine who is included in the population count, arguing that the federal government should consider an individual's permanent ties and allegiance to the United States.

The lawmakers specifically urged the Bureau to exclude all foreign nationals from the final apportionment totals, including illegal immigrants, lawful permanent residents, temporary visa holders, refugees, asylum seekers, DACA beneficiaries, parolees and recipients of Temporary Protected Status and Deferred Enforced Departure.

They argued that individuals who entered the country illegally or are residing in the United States temporarily should not influence how congressional representation is distributed among the states.

The letter also endorsed adding a citizenship question to the 2030 Census, pointing to historical precedent for including such a question and arguing that it would help establish a more accurate count for apportionment.

Beyond citizenship, the lawmakers called for eliminating demographic questions they believe are unrelated to the Census's constitutional purpose. They specifically criticized questions involving race, ethnicity and sexual orientation, arguing that collecting extensive demographic information creates unnecessary privacy concerns and increases the burden on respondents.

The members also called for similar changes to the American Community Survey, criticizing the expansion of demographic categories under the Biden administration. They pointed to the introduction of a Middle Eastern and North African classification as an example of what they described as politically driven changes to federal data collection.

The letter cited federal privacy protections under 13 U.S.C. 9(a)(2), which prohibit the Census Bureau from publishing information that identifies individual respondents or establishments. The lawmakers argued that reducing demographic data collection would limit disclosure risks while allowing the Bureau to concentrate on population enumeration.

The members further connected their proposal to immigration levels during the Biden administration, arguing that historic illegal immigration has affected population counts and distorted the distribution of congressional representation.

As the United States approaches its 250th anniversary, the lawmakers said the Census should be updated to reflect what they consider a more appropriate understanding of American citizenship and political representation.

The proposal would represent a significant departure from the current practice of counting the total resident population, regardless of citizenship, for congressional apportionment. The Constitution's Enumeration Clause directs that representation be apportioned according to the "whole number of persons in each State," and the Census Bureau has historically included noncitizens in its population totals.

The lawmakers are asking the Commerce Department to adopt the proposed changes ahead of the 2030 Census, potentially setting up a major legal and political debate over immigration, representation, and the constitutional meaning of the national population count.