By Kayla Blackwell, NLIHC Senior Housing Policy Analyst and Renee Williams, NLIHC Senior Advisor for Public Policy
On February 20, the U.S. Department of Housing and Urban Development (HUD) published proposed changes that would require families with mixed immigration statuses (mixed-status families) in certain HUD programs to choose between remaining together and losing their housing. In 2025, the Center on Budget and Policy Priorities (CBPP) estimated that such changes could result in 80,000 people, including 37,000 children, losing their rental assistance.
The proposed rule has a 60-day public comment period, with comments due April 21, 2026. As discussed below, the Keep Families Together campaign has launched to oppose HUD’s proposal.
The Notice of Proposed Rulemaking (NPRM), entitled “Housing and Community Development Act of 1980: Verification of Eligible Status,” proposes significant changes to rules for HUD programs covered by Section 214 of the “Housing and Community Development Act of 1980” (Section 214). First, HUD proposes to deny mixed-status families the ability to continue to live together with prorated rental assistance. Mixed-status families are defined as households with at least one U.S. citizen or eligible immigrant living together with ineligible household members.
Second, HUD is seeking to impose additional verification and documentation requirements.
Background on “Mixed-Status” Households
Individual eligibility for federal assistance housing programs depends, in part, on immigration status. Certain HUD programs, such as public housing and Housing Choice Vouchers, are subject to Section 214 immigration requirements. In addition to U.S. citizens and nationals, eligible non-citizens include lawful permanent residents, “Violence Against Women Act” (VAWA) self-petitioners, asylees and refugees, parolees, persons granted withholding of removal, victims of trafficking, individuals residing in the U.S. under the Compact of Free Association (COFA), and immigrants admitted for lawful temporary residence. Some immigrants with legal status—including individuals with student visas and Temporary Protected Status (TPS)—are ineligible. See the 2025 Advocates’ Guide.
In 2019, HUD proposed a mixed-status rule that would have forced impacted households to choose between separating as a family to keep their subsidy or face eviction and potential homelessness. If the rule were finalized in 2019, HUD’s own data analysis projected the eviction of 25,000 immigrant families, with 55,000 of those impacted eligible children (see Memo, 4/5/21). The proposed rule received over 30,000 comments during the public comment period, with more than 95% of the comments in opposition to the rule. The final rule was never published and finally withdrawn during the Biden administration in 2021.
Brief Summary of the Proposed Rule
The NPRM proposes to end prorated assistance for mixed-status families, removing the option for ineligible family members to live with eligible family members. This would force immigrant families with different immigration statuses to separate or face eviction. The proposed rule also imposes stricter requirements for HUD-assisted tenants, regardless of age, to verify their eligible immigration status.
Under current HUD rules, household members with eligible immigration status receive rental assistance, while those without do not. Individuals who lack eligible status simply choose not to contest it. However, the household can still live together with prorated rent, with the ineligible person(s) not receiving a rental subsidy. Under the proposed changes, proration will be allowed only in very limited circumstances, such as when the immigration verification of household members is pending. Furthermore, individuals will no longer be able to decline to contend eligible immigration status.
The NPRM also makes the immigration eligibility verification process more burdensome. Currently, for example, U.S. citizens attest to their immigration status via a signed declaration. However, the NPRM proposes to require U.S. citizens to also provide a signed consent form so that their information can be run through the Systematic Alien Verification for Entitlements (“SAVE”) system. If SAVE confirmation is unsuccessful, then U.S. citizens will, under the proposed rule, be required to provide additional documentation, such as a passport. According to CBPP, approximately 3.8 million U.S. citizen adults lack proof of citizenship, and another 17.5 million cannot easily get these documents; people of color disproportionately do not have access to citizenship documentation.
Eligible noncitizens of all ages would be required under the proposed rule to provide a signed declaration, acceptable documentation, and a signed consent form. Under current rules, eligible immigrants 62 and older provide proof of age and a signed declaration.
The proposed rule also would require mixed-status families to provide evidence of eligible status within 90 days of the final rule going into effect, with a possible 30-day extension; all other households that have not provided documentation of eligible status would be required to do so at their next annual or interim recertification.
The proposed rule must go through the formal rulemaking process and will not be in effect until a final rule is enacted. In other words, current HUD rules still permit mixed-status families to live together in HUD-assisted housing. The National Housing Law Project (NHLP) has created a know-your-rights resource (available in both English and Spanish) regarding immigrant families in HUD-assisted housing.
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