NAACP Files Motion Challenging Attempts to Change How Census Counts People Living in U.S.

FOR IMMEDIATE RELEASE

February 27, 2026

Contact: Chyna Fields, cfields@naacpnet.org

WASHINGTON – The NAACP and the Missouri State Conference of the NAACP, represented by Elias Group, have filed a motion in State of Missouri, et al. v. U.S. Department of Commerce, et al., asking to join in challenging how people are counted for representation in Congress and the Electoral College. In the lawsuit, the Missouri and other plaintiffs argue that the federal government should not count undocumented immigrants or certain visa holders. 

The NAACP argues that the U.S. Constitution requires that all persons living in the United States be counted, regardless of immigration status. Every person should be counted to determine how many seats each state receives in the U.S. House of Representatives and how Electoral College votes are distributed.

Under the Fourteenth Amendment to the U.S. Constitution, congressional representation must be apportioned among the states based on their total population. The NAACP's motion argues that excluding entire groups of people from the census count would violate the Constitution and undermine fair representation for communities across the country.

NAACP will continue to fight back against every effort to disrupt our democracy and will utilize every effort necessary to protect the integrity of our electoral system. 

Read the full motion here. 

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About NAACP 

The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st-century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities. 

NOTE: The Legal Defense Fund – also referred to as the NAACP-LDF - was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.