The Department of Housing and Urban Development (HUD) launched a joint effort on March 24 with the Department of Homeland Security (DHS) to curb HUD assistance to undocumented immigrants.

HUD and DHS jointly signed a Memorandum of Understanding (MOU) titled “American Housing Programs for American Citizens,” which briefly describes the agencies’ collaboration. HUD Secretary Scott Turner has spoken publicly about prioritizing immigration status-related changes to eligibility for housing assistance.

In HUD’s press release about the MOU, Secretary Turner states that the “new agreement will leverage resources, including technology and personnel, to ensure American people are the only priority when it comes to public housing.”

While the press release references HUD’s public housing program, LeadingAge anticipates that the agency’s efforts to adjust occupancy requirements in HUD-assisted housing will be implemented broadly, impacting LeadingAge housing providers and residents that participate in HUD’s project-based Section 8 program and Section 202 Supportive Housing for the Elderly.

By current law and policy, only U.S. citizens and eligible noncitizens may receive federal rental assistance in HUD’s Multifamily Housing programs (with certain exceptions for HUD’s Section 202 program).

HUD prorates rental assistance to “mixed status” households, which are families with one or more member who is a citizen or eligible noncitizen, and one or more members who are not. The proration policy stipulates that only members of the household who have demonstrated their documented eligibility actually receive federal rental assistance, but non-eligible members of the household may continue living in the unit without receiving rental assistance.

In addition, HUD provides some leeway to older adults receiving housing assistance who may not have certain pieces of personal documentation, like social security cards.

Lastly, while HUD sets the “floor” for eligibility documentation, owners may establish policies requiring additional proof of immigration-related eligibility for HUD-assisted residents.

The MOU, which is just over one page in length, broadly describes the approach that the agencies will take to adjust HUD’s immigration-related eligibility requirements, including to establish a point of contact between the agencies. “Representatives of the parties will establish lines of communication and begin developing joint measures…HUD will provide a full-time staff member to assist in operations.”

The MOU goes on to state that the agencies will focus on “criminal aliens,” but then goes on to say that the collaboration could lead to referral for immigration enforcement actions for all “illegal aliens” who may be ineligible for federal housing assistance.

Separately, HUD on March 17 filed a Notice for review with the Office of Management and Budget, a powerful agency that assists with White House objectives. The Notice is titled “Revisions to Residency Requirements.” While the text of the Notice under review is not yet available, LeadingAge anticipates that it will adjust certain residency policies related to immigration status, including to end the proration policy for mixed status households and potentially certain exceptions or documentation leeway for HUD’s Section 202 program.

HUD’s press release also states that the agency’s office of Public and Indian Housing (PIH) has instructed Public Housing Authorities participating in the Moving to Work (MTW) demonstration – a program that provides broad flexibility to Housing Authorities to innovate and identify solutions to serving households with low-incomes – to prohibit any HUD-funded service providers from providing financial assistance to undocumented immigrants.

The joint HUD/DHS effort, which still in the early stages, seems similar to a proposed rule initiated by HUD in 2019, during the first Trump Administration, that would have ended rental assistance proration for mixed status households.

According to HUD’s own research, as well as an analysis conducted by the non-partisan Congressional Research Service (CRS), the 2019 effort would have displaced over 25,000 families, including 55,000 children. According to the CRS report about HUD’s 2019 proposed rule, HUD’s current proration-reduction approach is similar to that of other social programs that provide benefits to families and households—Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP)—which also pay reduced benefits to mixed status families.

Mixed status families make up a relatively small share of the overall assistance caseload nationally, accounting for approximately 0.5% of all assisted households. However, certain parts of the country have significantly higher rates of mixed status families, in some cases accounting for between 10-30% of households served by certain Public Housing Authorities.

The 2019 proposed rule change was also seen as introducing additional administrative burden for HUD and for housing providers; a change to remove mixed status households would also lead to higher HUD subsidy costs when mixed status families are replaced by families wholly eligible for rental assistance.

LeadingAge will continue monitoring immigration-related efforts by HUD and other federal agencies and will advocate to ensure that all older adults have access to stable, affordable housing. LeadingAge also compiled a list of resources related to immigration enforcement in aging services.