New HUD Rule Aims to Harm Immigrant Families

Bridget Falzon
May 20, 2019

On May 10, 2019, the Department of Housing and Urban Development (HUD) released a proposed rule titled “Housing and Community Development Act of 1980: Verification of Eligible Status.” The rule would significantly change HUD regulations by further restricting eligibility for federal housing assistance based on immigration status. If finalized, the proposed rule will effectively evict 25,000 immigrant families from their homes, affecting over 55,000 children (citizens or legal residents) who are fully eligible for housing assistance under federal law.1

NETWORK is deeply concerned about the impact of this proposed rule on families. Housing security supports the dignity and well-being of every person; all people deserve access to housing regardless of their socioeconomic standing or immigration status. It is wrong to forced families to choose between staying together and risking homelessness or splitting their family up.

The proposed rule prohibits “mixed-status” families from living in federally subsidized units subject to immigration status restrictions under Section 214 of the Housing and Community Development Act of 1980 (“Section 214”). Mixed-status families are households comprised of members who have eligible and ineligible immigration statuses defined by Section 214. Currently, families with at least one U.S. citizen or eligible immigrant are permitted to live in a subsidized housing unit. Mixed-status families receive housing assistance on a prorated basis—where the amount of the housing subsidy for the household is decreased to account for family members with ineligible immigration status.

Under current HUD regulations, only family members that are applying for housing assistance need to have their immigration status verified. Family members who would not qualify for assistance based on their immigration status can elect not to contend eligibility for the housing assistance, allowing the family to receive assistance on a prorated basis. The proposed rule would eliminate an individual’s ability to elect not to contend their eligibility for the subsidy, and would require all household members under the age of 62 to submit verification of their immigration status through the Department of Homeland Security’s Systematic Alien Verification for Entitlements (SAVE) system.

Under the proposed rule, U.S. Citizens and Nationals, who currently must only provide a signed declaration of U.S. citizenship or U.S. nationality, would also need to submit documentation of their citizenship status. Furthermore, noncitizens who are 62 years old and older, who currently are only required to provide a signed declaration of eligible immigration status and a proof of age document, would also be required submit immigration documentation, although the documentation would not be verified through SAVE. If these individuals are not able to produce the documentation in the required timeframes, they risk losing their housing assistance.

NETWORK Lobby is gearing up to fight this proposal and will soon be inviting NETWORK members to submit comments about this rule to HUD by July 9.  We can work to stop the Trump administration’s attack on immigrant families if we raise our voices in opposition to this cruel proposed rule.


Submit a comment opposing this rule here.

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