Jay Jones Is Fighting a Census Rule That Would Stop Counting Illegal Immigrants for Congress Seats

Stack of blank tally forms on a desk, with the U.S. Capitol dome lit at dusk through the office window
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A census rule would count citizens and green-card holders when dividing up House seats. Virginia’s Attorney General calls that rigging. It’s the newest front in a fight he staffed up for in August.

Here is a stretch of days from the news releases of Virginia Attorney General Jay Jones:

  • October 27: Jones joins a multistate lawsuit against the Trump administration over business-ownership reporting.
  • October 30: Jones celebrates a court ruling against the Trump administration’s Medicaid work rules.
  • October 31: Jones sues to stop President Trump’s planned 250-foot arch near Arlington National Cemetery.
  • November 4: Jones signs on to a letter opposing the Trump administration’s proposed changes to the 2030 Census.

His office packaged it all in a weekly roundup under the heading “Fighting Federal Overreach.” That last item deserves a closer look.

What the census rule actually says

On September 10, 2026, the U.S. Census Bureau published a proposed rule on who counts when House seats are divided among the states.

The Bureau “proposes to include lawful permanent residents within the apportionment base, while excluding from the apportionment base illegal aliens and aliens whose legal status is less durable and indefinite in length than lawful permanent resident status.” That’s from the Federal Register itself.

In plain English: count citizens and green-card holders when deciding how many members of Congress each state gets. That’s common sense.

What Jones calls it

Jones joined a coalition of 24 attorneys general and two governors in a comment letter against the rule. “This isn’t a tweak to the way a census is run – it’s Trump’s effort to rig the board, and my office will not stand for it,” he said.

The letter objects that the rule would leave out taxpaying immigrants, people on temporary visas, refugees, asylum seekers and others. It also fights the plan to stop asking about race and ethnicity.

Advocacy groups lined up on the same side. The Legal Aid Justice Center and the Virginia Poverty Law Center joined a letter asking the Commerce Secretary to have the Bureau withdraw the changes entirely.

Staffed for exactly this

None of this is an accident. On his first day in office, Jones announced he “will join and advance litigation against the Trump Administration” and launched a “comprehensive 30-day review of all existing litigation.” Not a review of crime. A review of lawsuits.

In August he made it permanent: a Federal Accountability Unit with four new attorneys, led by Deputy Solicitor General Megan Keenan, with elections and immigration in its portfolio. We told you about it in September. A fight over who counts for Congress is exactly what it was built for.

Before Election Day, it was armed agents at the polls. On Oct. 15, Jones and the state Department of Elections sent local election officials a 10-page bulletin. Former Del. Tim Anderson (R), who posted it, said it directs officials to ask federal agents to leave polling locations and contact local police. Asked about armed agents at the polls, the Justice Department told WJLA: “The DOJ has never said it would send federal law enforcement to polling locations. Any suggestion otherwise is fearmongering.”

To be fair, Jones has also held public safety roundtables. In Roanoke, he called substance abuse and mental health “a huge driver of violent crime here in this Commonwealth.” But in his office’s weekly roundup, the Trump fights get a heading of their own.

What You Need To Know:

  • The rule is not final. Public comment has closed. The administration could withdraw it, change it or move ahead. If it moves ahead, state attorneys general could launch an official legal challenge, according to the Virginia Mercury.
  • The stakes are House seats. “Census data determines congressional seats,” Jones said. He’s right. That’s exactly why it matters who gets counted.
  • Jones is part of a statewide Democrat lineup. Gov. Abigail Spanberger, Lt. Gov. Ghazala Hashmi and Attorney General Jay Jones hold every statewide office, and Democrats control both chambers of the General Assembly. Don’t expect anyone at the top of state government to push the other way.
  • The activists are in the room. Housing and legal aid groups warned of “a decade-long theft of critical funding.” They want the same outcome Jones wants.
  • Data collection is not until 2030. The rule can still change, and voters should keep watching who fights it.

This is the pattern. Virginia Democrats put the priorities of activist groups first, then dress it up as protecting democracy. Counting citizens and lawful permanent residents when dividing up Congress is not rigging anything.

Call Attorney General Jay Jones’s main line, 804-786-2071, any weekday between 8:30 a.m. and 5 p.m. Ask him one thing: point his Federal Accountability Unit at violent crime in Virginia instead of the Trump administration. Then forward this to one neighbor who still thinks the census already counts only citizens and green-card holders.

Jay Jones is on the ballot again in 2029. That’s plenty of time to keep count.

Get Off The Sidelines In 2026!

Mark Warner. Don Beyer. Suhas Subramanyam. James Walkinshaw. In 2026, we send them packing. In 2027, we take back every seat on the Board of Supervisors and School Board. Two cycles. One mission. And it starts with you.
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