The U.S. Department of Housing and Urban Development (HUD) has updated its interpretation of immigration verification requirements on Wednesday, introducing changes that immigrants advocates say “effectively deny” immigrants lawfully present in the country access to housing programs.
For Protecting Immigrant Families (PIF) Coalition, which unites more than 800 organizations nationwide fighting for the rights of immigrants in the U.S., the consequences of the HUD’s redetermination are likely to extend “well beyond immigrants excluded under the notice,” the group said in a statement shared with Newsweek.
Newsweek contacted the HUD for comment by email on Thursday.
Why It Matters
President Donald Trump has long argued for federal resources not to be spent on undocumented immigrants. During his 2024 campaign, he presented anti-immigration housing policies as a way for his administration to make homebuying and homeownership more affordable for Americans, blaming immigrants for the current inventory shortage in the country.
While advocates have sounded the alarm over such policies, which they say will harm a large share of the American population, the notice filed by the HUD this week suggests that the Trump administration is pushing forward with the president’s agenda.
What To Know
The HUD general counsel has filed a notice in the Federal Register on November 26, which offers a new interpretation of immigration verification requirements for housing and disaster relief grant programs under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996—also known as PRWORA.
Under the new interpretation, “aliens who are not ‘qualified aliens’ are not eligible for any ‘federal public benefit’ as defined by the law." Qualified aliens include lawful permanent residents, asylees, and refugees, among others.
Though there are some exceptions to these cases, PRWORA prevents nonqualified aliens such as holders of Temporary Protected Status (TPS), recipients of Deferred Action for Childhood Arrivals (DACA), and nonimmigrants from accessing federal public housing benefits.
...These are the programs affected by the reinterpretation of the law, according to HUD’s guidance summarized by Feldesman law firm, and which are subject to PRWORA’s eligibility and immigration verification provisions, which limit benefits to U.S. citizens and “qualified aliens”:
Community Planning and Development Programs and Grants:
- Emergency Solutions Grants
- Continuum of Care (CoC)
Programs with State and Local Grantees:
- HOME
- HOME Investment Partnerships – ARPA
- National Housing Trust Fund
- CDBG
- CDBG-DR
- HOPWA (Formula) – services to people living with HIV-AIDS
- ESG
- Pathways to Removing Obstacles to Housing (PRO Housing)
- Preservation and Reinvestment Initiative for Community Enhancement (PRICE)
Grants to Nonprofit organizations:
- CoC
- Congressional earmarks
- HOPWA (Competitive grants)
- PRO Housing
- PRICE
- Self-Help Homeownership Opportunity Program (SHOP)
The consequences of this reinterpretation of the law will be far-reaching, according to PIF.
“Immigrant families typically include some people who are U.S. citizens, some who are undocumented, and some who are lawfully present immigrants. Raising concerns about immigration status in connection with housing and economic development programs is expected to deter eligible people from seeking help, because of concerns about consequences for family members,” the group said in a statement shared with Newsweek.
“With immigrant families accounting for 28 percent of the U.S. population, the eligibility change threatens every community in the country.”
What People Are Saying
PIF director Adriana Cadena said in a statement shared with Newsweek: “Only this administration would attack immigrant families with low incomes on the day before Thanksgiving. And only this administration would do it in such a reckless way—telling governments and nonprofits that the rules have changed, but not how to comply with the new rules.
“Since we can’t count on a hyperpartisan Congress to right the wrongs of an administration gone wild, the American people must raise their voices to tell the Trump administration enough is enough.”
What Happens Next
The new immigration verification requirements under PRWORA will apply through all levels of the funding chain, according to the HUD. While the law exempts nonprofit organizations from verifying the immigration status of program beneficiaries, the HUD said it will issue verification guidelines for circumstances in which states or local governments pass through funds to nongovernmental organizations.
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