In the lawsuit, America First Legal said its efforts are to ensure that the census counts only actual people, unlike in the 2020 count, when “unlawful statistical sampling methods” were used.
“The Census Bureau’s methods distorted population counts, added fictitious persons to the count, diluted lawful representation, and produced defective results in direct violation of the U.S. Constitution,” America First Legal stated.
The firm, founded by Stephen Miller, senior adviser to President Donald Trump, filed its final brief earlier this week and expects a decision from a three-judge panel in early 2026. The ruling will carry “constitutional” consequences, the firm said.
Errors in population counts mean state and local lawmakers are relying on inaccurate data, leaving them unable to make the right decisions for their constituents, according to the lawsuit.
“When the federal government manipulates census data, it manipulates political power,” America First Legal President Gene Hamilton said. “This case is about stopping illegal methods that undermine equal representation and ensuring the next Census complies with the Constitution.”
Alleged Errors in 2020
The nonprofit outlines several claims of mistakes made in the 2020 census. For example, Florida’s state population was undercounted by 3.8 percent, a distortion with “serious constitutional and apportionment consequences,” the lawsuit states.College student counts were estimated as if they were living in their college dormitories, when many were left vacant because of COVID-19, America First Legal said, thus inflating population numbers in one area and diluting the representation of actual residents.
Inputting the population counts in that manner was a direct violation of the U.S. Constitution, the suit claims.
“Census data must be based on a ‘deliberately taken count’ of whole persons, rather than ‘conjecture’ and ‘estimates,’” according to the lawsuit.
The suit calls for two “illegal” statistical sampling methods to be prohibited from being used in 2030: the group quarters count imputation procedure and differential privacy.
The former is used for estimating college dormitories based on samples of other comparable group living facilities. The latter allegedly affected Florida district counts and federal funding allocations as a consequence. As implemented, differential privacy “hides the true count of persons in every census block in the nation,” the lawsuit reads.
America First Legal calls these allegedly illegal methods critical constitutional issues.
“Americans rely on government institutions to execute the Constitutional mandates of fair and accurate representation,” senior counsel at America First Legal Emily Percival said. “AFL is seeking to ensure the Census Bureau’s mistakes are never repeated.”
2026 Test
The U.S. Census Bureau is beginning its 2026 Census Test in March in six locations across the country. The agency said this test run is an opportunity to use new tools and methods that will eventually be employed in the 2030 census. It’s the first of two major tests the agency plans on conducting before the official decennial census.In March 2026, the public can begin responding to the 2026 Census Test by mail, by phone, or online. April 1, 2026, is the day of the census, and the public is asked to respond to the test based on residence as of that date. By the summer, the test concludes, according to the website.
Areas participating in the 2026 Census Test are Colorado Springs, Colorado; Huntsville, Alabama; Spartanburg, South Carolina; tribal lands within Arizona, including Fort Apache and San Carlos Reservations; Western North Carolina, including Cherokee, Graham, Jackson, and Swain counties; and Western Texas, including Brewster, Jeff Davis, Pecos, and Presidio counties.
“If you were selected to participate, your response is important. The Census Bureau is testing new enhancements and innovations that may be used in the 2030 Census,” the agency said. “By taking part, you help us understand what works well and what needs to be improved.”
