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Mixed Status

BIDEN-HARRIS ADMINISTRATION WITHDRAWS MIXED STATUS RULE

We join the National Low Income Housing Coalition (NLIHC) in applauding HUD for publishing April 2, 2021 in the Federal Register a rule, “Housing and Community Development Act of 1980: Verification of Eligible Status; Withdrawal,” that will remove the previous administration’s harmful and misguided proposed “mixed-status” rule from HUD’s upcoming Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions.

The Trump administration’s proposed rule, released on May 10, 2020, would have led to thousands of mixed-status immigrant families that have members who are undocumented or otherwise ineligible for public and other subsidized housing to split up or be evicted, putting them at risk of homelessness. HUD’s withdrawal of that rule puts an end to the proposal, ensuring that these families can still pursue the assistance they are eligible for without fear of being separated or evicted.  Read NLIHC’s full statement.

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In May 2019, the U.S. Department of Housing and Urban Development (HUD) today published a proposed rule that would prohibit “mixed status families” from living in public and other subsidized housing. Mixed status families are households that include members who are eligible and others who are ineligible for housing assistance based on their immigration status. Currently, HUD allows families to live together in subsidized housing even if one family member is ineligible so long as the housing subsidy is prorated to exclude the ineligible person from the assistance. Importantly, just because a household member is an “ineligible” immigrant, it doesn’t mean that they are undocumented. Immigrants can have legal status and still not be eligible to receive housing assistance.

April 2021: RD Drops Proposed Mixed-Status Rule, Mixed-Status Families Can Reside in RD Housing Without Fear of Eviction

July 2019: NHLP’s Comments Opposing HUD’s Mixed Status Rule

The National Housing Law Project submitted comments this July to oppose HUD’s proposed Mixed Status Families Rule which places over 25,000 families at risk of eviction. View NHLP’s comment letter here. NHLP partnered with NLIHC to create the Keep Families Together campaign to organize opposition against this disastrous proposed rule during the public comment period, which closed July 9, 2019. We’re happy to report that over 28,000 comments were submitted!

May 2019: HUD’s Proposed Noncitizen Rule: Microsite and Resources

On May 10, the Department of Housing and Urban Development (HUD) published a proposed rule that would effectively evict thousands of immigrant families legally living in federally subsidized housing, including public housing and Section 8. The proposed rule focuses on ending critical housing assistance for over 25,000 mixed status households, or families comprised of both members who are eligible and ineligible for federal housing assistance because of their immigration status. According to figures provided by HUD, over 55,000 children who are eligible for public and assisted housing would face eviction because they live in mixed status families. Additionally, HUD anticipates that the rule will substantially increase costs by millions of dollars, such that the agency would have “to reduce the quantity and quality of assisted housing” for everyone, not just immigrant families, who accesses lifeline housing subsidies.

Visit our Microsite: Protect Mixed Status Families

April 2019: NHLP Denounces HUD’s Proposed Noncitizen Rule

On April 17, the Department of Housing and Urban Development (HUD) released a proposed rule for Congressional review that would prohibit “mixed status families” from living in public housing and Section 8 programs. The rule would further require all residents under the age of 62 to have their immigration status screened through the Systematic Alien Verification for Entitlements Program (SAVE), which is operated by the Department of Homeland Security. Mixed status families are households that include both members who are eligible and ineligible for housing assistance based on their immigration status. Under a federal law called Section 214 of the Housing and Community Development Act of 1980, the housing subsidies of mixed status families are prorated so that ineligible family members do not receive any housing assistance. By providing assistance only to citizens and other eligible immigrants, the law permits members of mixed status families to reside together. HUD claims that the proposed rule is only “enforcing existing law” and is needed “to help trim waitlists.”