Proposed HUD ruling threatens to destabilize housing for mixed status families 

In a country where the cost of housing remains a stubborn public policy challenge, this rule will worsen the state of housing and homelessness for millions in our region. In San Mateo County alone, where we assist immigrant families secure safe and affordable housing, approximately 21% of Latinos in mixed-status households are undocumented, among the highest percentage in California. 

Mixed-status families have members who are U.S. citizens or permanent residents living among a range of immigration statuses from undocumented to temporary protected status. 

When announcing the proposed rule change, HUD stated: “Under President Trump’s leadership, the days of illegal aliens, ineligibles, and fraudsters gaming the system and riding the coattails of American taxpayers are over. HUD’s proposed rule will guarantee that all residents in HUD-funded housing are eligible tenants.” 

The problem with this statement, in addition to its xenophobic tone, is that it is false. No undocumented residents receive direct assistance for HUD programs, including section 8 and public housing, as clearly outlined in Section 214 of the Housing and Community Development Act of 1980. 

Under current rules, however, mixed-status families can live together while receiving prorated assistance, meaning that federal housing assistance only supports eligible household members. Family members applying for assistance must submit evidence of eligibility whereas ineligible family members can decline to contend eligibility and thus do not receive assistance.  

If the proposed rule becomes final, it would end prorated assistance to mixed-status families and create a no-win scenario for them: lose housing or split up their family.

Data from the Center on Budget and Policy Priorities estimates that 80,000 people across the country could lose assistance due to this rule change. Almost half are children, most are U.S. citizens. 

The proposed rule also imposes more burdensome verification and documentation requirements, which could equally impact United States citizens who do not have the required paperwork (e.g, birth certificates, passports). About 146 million U.S. citizens too do not have a passport. Obtaining one is both expensive and time-consuming, a barrier for low-income individuals.

HUD also stated in its announcement: “We have zero tolerance for pushing aside hardworking U.S. citizens while enabling others to exploit decades-old loopholes.” 

Yet many undocumented residents who will be affected by this proposed rule are also hardworking individuals. The Pew Research Center estimates that 8.3 million of the 11 million undocumented residents in the United States currently work or are looking for work. One study estimates that undocumented workers contributed just under $100 billion in federal, state, and local taxes in 2022.

The architects of these policies argue that local welfare organizations should step in to help the people the proposed rule change will hurt. But we’re already under great financial pressure despite increasing community needs. 

Imagine the strain our county will experience should more than 7,000 California households lose access to stable housing due to this rule change. Over five years, San Mateo County’s point-in-time annual count of homeless individuals has increased by 40% to 2,130 in 2024. Our shelters are beyond capacity. The supportive wraparound services we need to stabilize unhoused families, like SNAP (food stamps) and Medicaid (health care), are also under fire with draconian federal budget cuts on the horizon. 

What can be done? Calling your local U.S. representative or U.S. senators are typical ways to share one’s opinion; this is yet another opportunity where they need to hear from you. 

You can also submit a public comment to the federal register by April 21. Public comments matter. They become part of the administrative record and can support future litigation challenging the rule should it go into effect. Second, by law, agencies must review them and adequately consider any significant issues these comments raise. 

These proposed changes to housing are designed to hurt the most vulnerable among us. We refuse to allow this to happen without raising our voices. Democracies thrive when everyone participates.

Claudia Nava and Kassandra Vivanco Guerrero work at Nuestra Casa. Working on the frontlines of housing instability, they support families to apply for housing assistance and conduct community workshops.