H.R. 10377 — MAGA Act

This section excludes individuals who are not citizens of the United States from the population count used to apportion House seats among the states. The President’s decennial statement to Congress must now show the whole number of persons in each state, excluding Indians not taxed and noncitizens.

This section directs the Secretary of Commerce to revise the 2020 decennial census population tabulation, by January 31, 2027 (or March 31, 2027, with notice to Congress), to count only U.S. citizens using official federal and state data and records without conducting a new census. The President must transmit the resulting reapportionment of House seats to Congress, which applies to future Congresses and is presumed valid.

This section requires the Secretary of Commerce to include questions on the 2030 decennial census and each subsequent decennial census that ask respondents to classify each household member as a U.S. citizen, a U.S. national but not a citizen, a lawfully residing alien, or an unlawfully residing alien. It also directs the Secretary to publish state-level population counts disaggregated by those four categories within 120 days after completing each census.

This section establishes expedited judicial review procedures for any civil action challenging the validity, interpretation, or implementation of the Act. It requires a three-judge district court panel to hear such cases on an expedited schedule and permits direct appeal of the panel's rulings to the Supreme Court.

This section establishes original jurisdiction in United States district courts over any civil action arising under, relating to, or challenging the implementation, enforcement, or validity of this Act. It authorizes the United States or implementing officers to remove such actions from state court to a three-judge district court panel.