Two proposed changes to the Decennial Census, which will next occur in 2030, would have drastic, detrimental effects on American Indian and Alaska Native (AI/AN) people and Tribal Nations. On September 10, 2026, the U.S. Census Bureau proposed new regulatory changes. The first change would add new “residence criteria” to identify a person’s “usual residence” to determine whether to count them in the Census population and, potentially, add a question about an individual’s citizenship status. The second proposed change would prohibit questions about “race, ethnicity, and sexual orientation” on the decennial short-form questionnaire used for population count. These changes would eliminate a critical tool for assessing the size and needs of Native populations in the country and violate the trust and treaty obligations the federal government has with federally recognized Tribes.
Although Tribal Nations and their citizens receive support from the federal government rooted in trust and treaty obligations, we also recognize that the federal government and others often group American Indians and Alaska Natives into racial categories. Federal agencies currently use Census race data to not only determine funding levels but also program eligibility and allocations for formula funding for tribal communities and AI/AN services.
The proposed changes eliminate data that impacts support for broadband, housing, healthcare, education, workforce programs, childcare grants, and language, just to name a few. The proposed changes to residency criteria impact the accuracy and federal accountability in determining where AI/AN citizens reside to provide such services.
The Decennial Census serves as a critical source of data for Tribes, helping them to understand where their citizens are located, including people who live outside tribal lands and those who identify as AI/AN in combination with another race. In other words, Census data helps to show the full demographic footprint of Indian Country — not just reservation populations. And it isn’t solely Indigenous populations that could be detrimentally affected. These proposed changes would jeopardize civil rights enforcement, redistricting, equal employment, and inhibit identifying disparities in health and environmental risks for all segments of the population.
Despite the magnitude of these changes for AI/AN communities and others, the U.S. Census Bureau has given the public only till October 13, rather than the typical 30 days, to provide comments. Native nations and tribal-serving organizations have been allowed an extended comment period until November 2. For the 575 federally recognized Tribes that have a nation-to-nation relationship with the federal government, these changes and the minimal comment period are violations of trust and treaty obligations.
First and foremost, the necessary tribal consultation for such a proposal should come before any changes are drafted, not in response to them. The Census Bureau’s own tribal consultation handbook commits the Census Bureau to consult and work with Tribes “before making decisions” and throughout policy development. The allotted comment period is too short to allow for meaningful review of complex changes. The federal government’s own definition for tribal consultation calls for it to be “meaningful” and “timely”. Second, the data currently collected by the Decennial Census contributes to the fulfilment of the federal government’s responsibilities to tribal individuals and nations. According to a statement from the National Congress of American Indians, the Census Bureau’s proposed changes exceed the scope of its delegated authority and violate negotiated trust and treaty obligations between Tribes and the federal government that pre-date the constitutional provisions cited in the proposed rule.
What can you do? All United States’ citizens can submit comments on the proposed changes through October 13. Please note that there is a comment section at the top of the linked page.
Tribal governments should not only review the Notice of Proposed Rulemaking but consider the resources shared by Native organizations focused on legislation, such as the National Congress of American Indians which has published talking points regarding the proposed changes. Tribes should not only submit a comment letter on the proposed changes by the November 2 due date but also write the U.S. Census Bureau to request more tribal consultation sessions, as only one for October 2 was initially scheduled.
Do not allow communities around the country to go unrepresented and therefore unserved by government programming, and do not allow the Census Bureau to mistake silence for assent.
