In a change to the U.S. Department of Housing and Urban Development’s (HUD) longstanding practice, the Trump Administration has publicly stated that it no longer intends to allow mixed status families to reside in units subsidized with HUD funds.
Mixed status families are families in which only some members are eligible for federal housing assistance based on their immigration documentation status. For decades, mixed status families were permitted to live in a unit, but HUD would calculate the family’s federal subsidy based only on the family members who were eligible for assistance. The undocumented and ineligible family members were excluded from assistance but were permitted to live in the unit.
The Department of Housing and Urban Development has a new rule pending regarding mixed status families that is currently being reviewed by the Office of Information or Regulatory Affairs before being made public. Based on the Trump Administration’s public statements, the data-sharing agreement between HUD and the Department of Homeland Security, and Executive Order 14218, it is likely that the new rule will revive a rule proposed in 2019 requiring that every household member residing in a HUD-subsidized unit be eligible based on their immigration status.
This change in policy would significantly impact public housing authorities across the country as families with undocumented family members living in their housing unit would have to choose to either separate or no longer be eligible for the housing. Additionally, on Friday, August 29, HUD Secretary Turner announced that HUD issued a letter to the DC Housing Authority notifying the authority that it has 30 days to report to HUD the immigration status of all tenants living in units subsidized with federal funds. While to date HUD has only sent this notice to the DC Housing Authority, Secretary Turner stated that similar letters will soon be sent to all public housing authorities across the nation.
If you receive such a request, Pacifica attorneys are available to discuss how to respond. We will continue to monitor changes to HUD rules and share updates as appropriate.
