Only one in four Americans who qualify for federal rental assistance actually receive it. Waitlists stretch for years. The Department of Housing and Urban Development published a proposed rule Friday aimed at removing ineligible residents from units funded by the program.
The rule would bar undocumented immigrants from residing in federally subsidized housing. They already receive no subsidy — that has been the law for decades. But under current policy, they can live with family members who do. HUD Secretary Scott Turner estimates roughly 24,000 undocumented residents occupy subsidized units nationwide.
The proposed rule would also require local housing authorities to verify citizenship or legal status for every resident in a HUD-funded household. Those found ineligible would be reported to U.S. Citizenship and Immigration Services.
Turner framed the rule as a matter of fairness in a Washington Post column Thursday. With demand far outstripping supply, he argued, every unit occupied by someone outside the program is one unavailable to an eligible family.
Housing advocates counter that evicting mixed-status families would worsen homelessness. The National Housing Law Project estimates more than 100,000 people could be displaced. Advocates also note that mixed-status families pay significantly higher rent than fully eligible households — effectively subsidizing other tenants.
The American Enterprise Institute’s Howard Husock drew a distinction between current and future tenants. Changing policy for new applicants makes sense, he argued. Evicting families with existing leases signed with public agencies is another matter.
This is not a new idea. HUD proposed a similar change late in Trump’s first term, but it drew 30,000 mostly opposed public comments and was never finalized before the pandemic. The Biden administration rescinded it. The current rule is open for 60 days of public comment.
Sources: HUD proposed rule, Federal Register (Feb. 20, 2026); HUD Secretary Scott Turner column, Washington Post (Feb. 19, 2026); National Housing Law Project analysis; Center on Budget and Policy Priorities estimates.
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