Proposed HUD Rule Targets Undocumented Immigrant Families in Subsidized Housing

The Department of Housing and Urban Development (HUD) has proposed a rule that would prohibit families with any undocumented immigrant member from residing in federally subsidized housing. This proposal also mandates that local housing authorities report any tenants ineligible for rental assistance to U.S. Citizenship and Immigration Services (USCIS).

Rationale and Context

HUD Secretary Scott Turner stated that the rule aims to end what he described as "illegal aliens and other ineligible noncitizens exploiting public housing resources." While undocumented immigrants do not receive federal rental aid, they are currently permitted to live with family members who are eligible, including U.S.-born children. Turner indicated that approximately 24,000 such residents currently live in HUD-subsidized housing.

Proponents of the rule argue that this situation is inequitable given the constrained funding and extensive waitlists for HUD housing. Most non-citizens with permanent legal status remain eligible for housing assistance. The proposed rule is anticipated to have the most significant impact on housing authorities in large cities with substantial immigrant populations, such as New York and Los Angeles.

Potential Impact and Opposition

An analysis by the Center on Budget and Policy Priorities estimates that if enacted, the rule could lead to the eviction of nearly 80,000 individuals, including approximately 37,000 U.S. citizen children. Families who have resided in the U.S. for decades could face difficult decisions, including potential family separation or relocation to countries they have limited familiarity with.

Immigrant and housing advocates have expressed strong opposition.

Shamus Roller, Executive Director of the National Housing Law Project, stated that the proposal contradicts federal law and is designed to create fear among immigrant families, diverting attention from the broader housing crisis.

Another advocate, Marie Claire Tran-Leung, noted that because undocumented tenants do not receive subsidies, mixed-status families often pay higher rents, effectively contributing to the system. She cautioned that evicting these families could exacerbate poverty and homelessness.

Historical Precedent and Public Comment

A similar rule change was proposed during the Trump administration's first term but was not finalized due to the COVID-19 pandemic and was later rescinded by the Biden administration.

The current HUD proposal is open for public comment for 60 days, starting Friday. HUD is required to consider these comments before issuing a final version of the rule. In the previous instance, 30,000 comments were largely against the measure, which could influence potential legal challenges.

Conservative Arguments

Conservative groups, such as the Heritage Foundation's Project 2025, have supported the mixed-status rule, emphasizing HUD's obligation to prioritize housing for American citizens in need and suggesting local governments or non-profits could assist non-citizens.

Howard Husock of the American Enterprise Institute (AEI) argued for changing policy for new tenants to ensure fairness to those on waiting lists and to limit financial incentives for undocumented immigration. However, Husock also suggested that evicting non-citizens currently in subsidized housing, who hold legal leases, may not be practical.