Noncitizen Eligibility for Federal Housing Programs

Changes from July 23, 2020 to September 30, 2021

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Noncitizen Eligibility for Federal Housing
~~July 23, 2020~~September 30, 2021
Programs
Maggie McCarty
Noncitizen eligibility for federal housing programs varies based on the programs in question, the Noncitizen eligibility for federal housing programs varies based on the programs in question, the
Specialist in Housing Policy Specialist in Housing Policy
laws and regulations that govern them, the agency that administers them, the immigration status laws and regulations that govern them, the agency that administers them, the immigration status

of a noncitizen, and the composition of the noncitizen’s household. of a noncitizen, and the composition of the noncitizen’s household.
Abigail F. Kolker
Analyst in Immigration Analyst in Immigration
Two primary laws directly address noncitizen eligibility for federal housing programs. The first Two primary laws directly address noncitizen eligibility for federal housing programs. The first
Policy Policy
is Section 214 of the Housing and Community Development Act of 1980, as amended. It applies is Section 214 of the Housing and Community Development Act of 1980, as amended. It applies

to specified programs; primarily, federal rental assistance programs administered by the to specified programs; primarily, federal rental assistance programs administered by the
Department of Housing and Urban Development (HUD) and the Department of Agriculture Department of Housing and Urban Development (HUD) and the Department of Agriculture
For a copy of the ful report, For a copy of the ful report,
(USDA), including the Public Housing, Housing Choice Voucher, Section 8 project (USDA), including the Public Housing, Housing Choice Voucher, Section 8 project -based rental -based rental
please cal 7-5700 or visit please cal 7-5700 or visit
assistance programs, and rural rental assistance. The law makes eligible for assistance certain assistance programs, and rural rental assistance. The law makes eligible for assistance certain
www.crs.gov. www.crs.gov.
categories of noncitizens, including most categories of immigrants, while excluding unauthorized categories of noncitizens, including most categories of immigrants, while excluding unauthorized
immigrants and those in temporary status (e.g., tourists and students). The second is Title IV of the Personal Responsibility immigrants and those in temporary status (e.g., tourists and students). The second is Title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (PRWORAand Work Opportunity Reconciliation Act of 1996 (PRWORA , P.L. 104-193). , P.L. 104-193). ~~This law restricts access to~~PRWORA makes all noncitizens, except those deemed qualified aliens, ineligible for federal public
~~benefits~~ to aliens, other than qualified aliens~~, terms defined in the law~~benefits, defined to include housing assistance (both terms are defined in law). While HUD and USDA have issued rules and . While HUD and USDA have issued rules and
guidance implementing Section 214 and some subsequent laws, guidance implementing Section 214 and some subsequent laws, PRWORA’s provisions have not been fully implemented via PRWORA’s provisions have not been fully implemented via
rulemaking. Some federal housing programs are not covered by either of these laws and in some cases (e.g., Farm Labor rulemaking. Some federal housing programs are not covered by either of these laws and in some cases (e.g., Farm Labor
Housing) are governed by noncitizen restrictions included in their authorizing statutes. In other cases, noncitizen restrictions Housing) are governed by noncitizen restrictions included in their authorizing statutes. In other cases, noncitizen restrictions
are at agency discretion. are at agency discretion.
Under the terms of these laws and agency guidance, the following conditions apply: Under the terms of these laws and agency guidance, the following conditions apply:
 In the case of most federal rental assistance programs, including public housing, Housing Choice Vouchers,  In the case of most federal rental assistance programs, including public housing, Housing Choice Vouchers,
Section 8 project-based rental assistance, and rural rental assistance, most noncitizens with permanent Section 8 project-based rental assistance, and rural rental assistance, most noncitizens with permanent
status are eligible for assistance, whereas temporary and unauthorized immigrants are ineligible. Mixedstatus are eligible for assistance, whereas temporary and unauthorized immigrants are ineligible. Mixed --
status families (those comprised of both eligible and ineligible members) may receive prorated, or status families (those comprised of both eligible and ineligible members) may receive prorated, or ~~reduced~~reduc ed, ,
benefits, depending on the program. benefits, depending on the program.
 In the case of most federal grant-funded and other housing assistance programs (including HUD homeless  In the case of most federal grant-funded and other housing assistance programs (including HUD homeless
assistance), federal regulations do not require the verification of recipients’ immigration status. assistance), federal regulations do not require the verification of recipients’ immigration status.
 In the case of federally guaranteed single-family mortgage programs, noncitizen eligibility varies based on  In the case of federally guaranteed single-family mortgage programs, noncitizen eligibility varies based on
agency guidance. agency guidance.
~~Recent administrative actions have proposed or implemented policy changes in the treatment of mixed-status families and the~~
~~treatment of housing assistance in public charge determinations~~The Trump Administration took a number of administrative actions to change the treatment of housing assistance in public charge determinations and the treatment of mixed-status families in housing programs; these actions have been reversed by the Biden Administration. .

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Noncitizen Eligibility for Federal Housing Programs

Introduction
The federal government has authorized and funds a variety of housing programs, including direct The federal government has authorized and funds a variety of housing programs, including direct
assistance for low-income renters; grants and other aid for states, localities, and nonprofits to assistance for low-income renters; grants and other aid for states, localities, and nonprofits to
meet local housing needs; and loans and loan guarantees for mortgage lending to support meet local housing needs; and loans and loan guarantees for mortgage lending to support
homeownership. The availability of these programs for noncitizens1 varies depending on the homeownership. The availability of these programs for noncitizens1 varies depending on the
underlying laws that authorize or govern them, the federal agencies that administer them and the underlying laws that authorize or govern them, the federal agencies that administer them and the
guidance they have issued, and the immigration status of a noncitizen and his or her household guidance they have issued, and the immigration status of a noncitizen and his or her household
members. (While this report discusses policy implementation and the positions agencies have members. (While this report discusses policy implementation and the positions agencies have
taken under the statutes, it does not provide a legal analysis of ambiguities in the statutes.) taken under the statutes, it does not provide a legal analysis of ambiguities in the statutes.)
This report begins by introducing the range of federal housing programs and the range of This report begins by introducing the range of federal housing programs and the range of
immigration statuses of noncitizens. It continues with an overview of the relevant statutes immigration statuses of noncitizens. It continues with an overview of the relevant statutes
governing noncitizen eligibility, followed by a discussion of policy implementation as applied to governing noncitizen eligibility, followed by a discussion of policy implementation as applied to
various programs. The report closes with a discussion of recent administrative actions relevant to various programs. The report closes with a discussion of recent administrative actions relevant to
federal housing programs. federal housing programs.
Housing Programs
Federal housing programs include both direct assistance programs that provide lowFederal housing programs include both direct assistance programs that provide low -cost -cost
apartments and rental vouchers to low-income families, administered through local public, quasi-apartments and rental vouchers to low-income families, administered through local public, quasi-
public, and private intermediaries; as wel as relatively flexible grants to state and local public, and private intermediaries; as wel as relatively flexible grants to state and local
governments that can be used to serve homeless people, build affordable housing, provide governments that can be used to serve homeless people, build affordable housing, provide
assistance to first-time homebuyers, and promote community development. The federal assistance to first-time homebuyers, and promote community development. The federal
government also makes tax credits available to states to distribute to developers of lowgovernment also makes tax credits available to states to distribute to developers of low -cost -cost
housing and provides mortgage insurance or guarantees to lenders that make certain types of housing and provides mortgage insurance or guarantees to lenders that make certain types of
mortgages to eligible homebuyers or developers of multifamily housing. mortgages to eligible homebuyers or developers of multifamily housing.
Most of these programs are administered at the federal level by the Department of Housing and Most of these programs are administered at the federal level by the Department of Housing and
Urban Development (HUD), although some are administered by other agencies, including the Urban Development (HUD), although some are administered by other agencies, including the
Department of Agriculture’s (USDA’s) Rural Housing Service (RHS), the Internal Revenue Department of Agriculture’s (USDA’s) Rural Housing Service (RHS), the Internal Revenue
Service (IRS), and the Department of Veterans Affairs (VA). In nearly al cases, the assistance the Service (IRS), and the Department of Veterans Affairs (VA). In nearly al cases, the assistance the
programs provide flows through other entities, including local, quasi-governmental Public programs provide flows through other entities, including local, quasi-governmental Public
Housing Agencies (PHAs); state or local governments; nonprofit or in some cases for-profit Housing Agencies (PHAs); state or local governments; nonprofit or in some cases for-profit
organizations; or, in the case of mortgage insurance programs, financial institutions. (For more organizations; or, in the case of mortgage insurance programs, financial institutions. (For more
information about federal housing programs, see CRS Report RL34591, information about federal housing programs, see CRS Report RL34591, Overview of Federal
Housing Assistance Programs and Policy.) .)
Different laws, and different agency interpretations of those laws, govern noncitizen eligibility for Different laws, and different agency interpretations of those laws, govern noncitizen eligibility for
federal housing programs. Two primary laws address their eligibility for the programs. Section federal housing programs. Two primary laws address their eligibility for the programs. Section
214 of the Housing and Community Development Act of 1980, as amended, makes certain 214 of the Housing and Community Development Act of 1980, as amended, makes certain
categories of noncitizens eligible for a prescribed set of federal direct housing assistance categories of noncitizens eligible for a prescribed set of federal direct housing assistance
programs (including the largest rental assistance programs: Public Housing, Housing Choice programs (including the largest rental assistance programs: Public Housing, Housing Choice
Vouchers, and Section 8 project-based rental assistance, as wel as rural rental assistance). The Vouchers, and Section 8 project-based rental assistance, as wel as rural rental assistance). The
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-

1 T hroughout this report, the terms 1 T hroughout this report, the terms noncitizens,, foreign nationals,, and and aliens are used interchangeably. U.S. are used interchangeably. U.S.
immigration law uses the term immigration law uses the term alien, defined by the Immigration and Nationality Act , to mean persons who are not , defined by the Immigration and Nationality Act , to mean persons who are not
U.S. citizens or U.S. nationals (e.g., persons bornU.S. citizens or U.S. nationals (e.g., persons born in certain U.S. territories, such as American Samoa). Moreover, for in certain U.S. territories, such as American Samoa). Moreover, for
the purposes of this report, the term the purposes of this report, the term U.S. citizen includes U.S. nationals. includes U.S. nationals.
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Noncitizen Eligibility for Federal Housing Programs

193), makes al noncitizens except those deemed 193), makes al noncitizens except those deemed qualified aliens ineligible for ineligible for federal public
benefits, defined to include housing assistance. , defined to include housing assistance.
Noncitizens and Immigration Categories
Noncitizen eligibility for public benefits, including housing programs, varies by immigration Noncitizen eligibility for public benefits, including housing programs, varies by immigration
status. The following is a list of the immigration categories discussed in this report: status. The following is a list of the immigration categories discussed in this report:
 Certain humanitarian cases include  Certain humanitarian cases include Cuban-Haitian Entrants2 and 2 and certain
abused spouses and children (e.g., Violence Against Women Act (VAWA) Self- (e.g., Violence Against Women Act (VAWA) Self-
Petitioners).3 Petitioners).3
  Deferred Action for Childhood Arrivals (DACA) 4 recipients are unauthorized 4 recipients are unauthorized
childhood arrivals who have been granted renewable two-year protection from childhood arrivals who have been granted renewable two-year protection from
removal. removal.
  Freely Associated States (FAS) migrants55 are citizens of the Marshal Islands, are citizens of the Marshal Islands,
Micronesia, or Palau. They are permitted to live in the United States indefinitely Micronesia, or Palau. They are permitted to live in the United States indefinitely
under the terms of those nations’ Compacts of Free Association with the United under the terms of those nations’ Compacts of Free Association with the United
States.6 States.6
  Lawful permanent residents (LPRs) 7 are permitted to live in the United States 7 are permitted to live in the United States
permanently (also referred to as permanently (also referred to as green card holders). holders).
  Nonimmigrants8 are admitted to stay in the United States on a temporary basis 8 are admitted to stay in the United States on a temporary basis
and for a specific purpose (e.g., tourists; students; diplomats; temporary workers, and for a specific purpose (e.g., tourists; students; diplomats; temporary workers,
including H-2A agricultural guest workers).9 including H-2A agricultural guest workers).9
  Parolees10 are aliens granted permission to enter or remain temporarily in the 10 are aliens granted permission to enter or remain temporarily in the
United States for urgent humanitarian reasons or significant public benefit. United States for urgent humanitarian reasons or significant public benefit.
Immigration parole is granted on a case-by-case basis. Immigration parole is granted on a case-by-case basis.
  Refugees11 and 11 and asylees12 are persons fleeing their countries because of 12 are persons fleeing their countries because of
persecution, or a wel -founded fear of persecution, on account of race, religion, persecution, or a wel -founded fear of persecution, on account of race, religion,
nationality, membership in a particular social group, or political opinion. They nationality, membership in a particular social group, or political opinion. They

2 For more information, see U.S. Citizens and Immigration Services (USCIS), 2 For more information, see U.S. Citizens and Immigration Services (USCIS), Cuban Haitian Entrant Program
(CHEP), atat https://www.uscis.gov/archive/archive-news/cuban-haitian-entrant -program-chep. https://www.uscis.gov/archive/archive-news/cuban-haitian-entrant -program-chep.
3 T his refers to certain aliens who have been abused (subject to battery or extreme cruelty) in the United States by a 3 T his refers to certain aliens who have been abused (subject to battery or extreme cruelty) in the United States by a
spouse or other family/household member, aliens whose children have been abused, and alien childr en whose parent spouse or other family/household member, aliens whose children have been abused, and alien childr en whose parent
has been abused. In these cases, an alien must have been approved for, or has pending an application/petition with a has been abused. In these cases, an alien must have been approved for, or has pending an application/petition with a
prima facie case for, immigration preference as a spouse or child or cancellation of removal. prima facie case for, immigration preference as a spouse or child or cancellation of removal.
4 For more information, see CRS Report R45995, 4 For more information, see CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation . .
5 For background information, see CD1316834, 5 For background information, see CD1316834, Summary of S. 2218, the Covering Our FAS Allies Act, as introduced
(available to congressional clients upon request). (available to congressional clients upon request).
6 For background information on the compacts, see CRS Report RL31737, 6 For background information on the compacts, see CRS Report RL31737, The Marshall Islands and Micronesia:
Am endm ents to the Com pact of Free Association with the United States. .
7 For more information, see CRS Report R42866, 7 For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview. .
8 For more information, see CRS Report R45040, 8 For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United
States. .
9 For more information, see CRS Report R44849, 9 For more information, see CRS Report R44849, H-2A and H-2B Temporary Worker Visas: Policy and Related Issues. .
10 8 U.S.C. §1182(d)(5). 10 8 U.S.C. §1182(d)(5).
11 For more information, see CRS Report RL31269, 11 For more information, see CRS Report RL31269, Refugee Admissions and Resettlement Policy. .
12 For more information, see CRS Report R45539, 12 For more information, see CRS Report R45539, Immigration: U.S. Asylum Policy. .
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are permitted to live in the United States indefinitely. After one year in these are permitted to live in the United States indefinitely. After one year in these
statuses, they may apply to adjust their immigration status to become LPRs.13 statuses, they may apply to adjust their immigration status to become LPRs.13
  Temporary Protected Status (TPS)14 holders have been granted temporary 14 holders have been granted temporary
relief from removal due to armed conflict, natural disaster, or other extraordinary relief from removal due to armed conflict, natural disaster, or other extraordinary
circumstances in their home countries that prevent their safe return. circumstances in their home countries that prevent their safe return.
  Unauthorized immigrants (sometimes referred to as (sometimes referred to as undocumented immigrants) immigrants)
are foreign nationals who enter without inspection, enter with fraudulent are foreign nationals who enter without inspection, enter with fraudulent
documents, or enter legal y but overstay the terms of their temporary stay. documents, or enter legal y but overstay the terms of their temporary stay.
  Victims of Trafficking1515 and their families who have received a T nonimmigrant and their families who have received a T nonimmigrant
visa can live in the United States for up to four years;16 they may apply for LPR visa can live in the United States for up to four years;16 they may apply for LPR
status after three years.status after three years.
 Certain aliens present in the United States are granted  Certain aliens present in the United States are granted withholding of removal17 17
based on persecution on account of race, religion, nationality, membership in a based on persecution on account of race, religion, nationality, membership in a
particular social group, or political opinion. Withholding of removal provides particular social group, or political opinion. Withholding of removal provides
protection from removal. 18 protection from removal. 18
As discussed below, different federal housing programs are governed by different laws and As discussed below, different federal housing programs are governed by different laws and
regulations. Depending on the program, noncitizens may or may not be eligible based on their regulations. Depending on the program, noncitizens may or may not be eligible based on their
immigration status. (In addition, they must also meet the program’s eligibility requirements.) immigration status. (In addition, they must also meet the program’s eligibility requirements.)
Mixed status families are comprised of members with differing immigration statuses. For the Mixed status families are comprised of members with differing immigration statuses. For the
purposes of this report, purposes of this report, mixed-status families refers to families that contain individuals who are refers to families that contain individuals who are
eligible and individuals who are ineligible for housing programs based on their varying eligible and individuals who are ineligible for housing programs based on their varying
immigration statuses. immigration statuses.
Laws Governing Noncitizen Eligibility
Section 214
Section 214 of the Housing and Community Development Act of 198019 established the first Section 214 of the Housing and Community Development Act of 198019 established the first
federal restrictions on noncitizen eligibility for federal housing programs. The original restrictions federal restrictions on noncitizen eligibility for federal housing programs. The original restrictions
were limited to nonimmigrant students, but over time the restrictions were expanded to additional were limited to nonimmigrant students, but over time the restrictions were expanded to additional
categories of noncitizens.20 categories of noncitizens.20

13 Applying for an 13 Applying for an adjustment of status refers to the process of applying for LPR status (i.e., a green card) from within refers to the process of applying for LPR status (i.e., a green card) from within
the United States (as opposed to applying for an immigrantthe United States (as opposed to applying for an immigrant visa from a U.S. embassy or consulate abroad).visa from a U.S. embassy or consulate abroad).
14 For more information, see CRS Report RS20844, 14 For more information, see CRS Report RS20844, Temporary Protected Status~~: Overview and Current Issues~~ and Deferred Enforced Departure. .
15 22 U.S.C. §7101 et seq. 15 22 U.S.C. §7101 et seq.
16 Victims of trafficking who have not received a T visa but have received a Continued Presence document from the 16 Victims of trafficking who have not received a T visa but have received a Continued Presence document from the
Department of Homeland Security (granted in order to help law enforcement prosecute human traffickers) may also Department of Homeland Security (granted in order to help law enforcement prosecute human traffickers) may also
remain in the United States. U.S. Department of Homeland Security (DHS),remain in the United States. U.S. Department of Homeland Security (DHS), Continued Presence: Tem porary
Im m igration Status for Victim s of Hum an Trafficking , at https://www.dhs.gov/blue-campaign/materials/pamphlet -, at https://www.dhs.gov/blue-campaign/materials/pamphlet -
continued-presence. continued-presence.
17 8 U.S.C. §1231. 17 8 U.S.C. §1231.
18 For more information, see CRS Report R45993, 18 For more information, see CRS Report R45993, Legalization Framework Under the Immigration and Nationality Act
(INA). .
19 P.L. 96-399, §214, 94 Stat. 1637, codified at 42 U.S.C. §1436a. 19 P.L. 96-399, §214, 94 Stat. 1637, codified at 42 U.S.C. §1436a.
20 T he original student restrictions were expanded by the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35), 20 T he original student restrictions were expanded by the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35),
~~Section~~ §329. Section 214 has been amended numerous times since. 329. Section 214 has been amended numerous times since.
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As currently written, Section 214 states that only certain categories of noncitizens are eligible for As currently written, Section 214 states that only certain categories of noncitizens are eligible for
benefits under specified housing programs. Programs covered under Section 214 include the benefits under specified housing programs. Programs covered under Section 214 include the
programs under the U.S. Housing Act of 1937 (Public Housing, Housing Choice Vouchers, and programs under the U.S. Housing Act of 1937 (Public Housing, Housing Choice Vouchers, and
Section 8 project-based rental assistance) as wel as some older programs that are no longer Section 8 project-based rental assistance) as wel as some older programs that are no longer
active.21 Section 214 was amended by PRWORA in 1996 to also apply to certain rural housing active.21 Section 214 was amended by PRWORA in 1996 to also apply to certain rural housing
programs administered by USDA’s RHS, including the Section 502 Single Family Direct Loan programs administered by USDA’s RHS, including the Section 502 Single Family Direct Loan
program, the Section 504 Very Low-Income Rural Housing Repair loan and grant program, the program, the Section 504 Very Low-Income Rural Housing Repair loan and grant program, the
Section 521 Rural Rental Assistance program, and the Section 542 Rural Development Voucher Section 521 Rural Rental Assistance program, and the Section 542 Rural Development Voucher
program.22 (Prior to the extension of Section 214 to select rural housing programs, the Secretary program.22 (Prior to the extension of Section 214 to select rural housing programs, the Secretary
of Agriculture was prohibited from restricting access to rural housing programs to anyone who of Agriculture was prohibited from restricting access to rural housing programs to anyone who
would otherwise qualify under Section 214.) 23 would otherwise qualify under Section 214.) 23
The programs to which Section 214 applies provide direct rental or homeownership assistance to The programs to which Section 214 applies provide direct rental or homeownership assistance to
low-income families. Public Housing and Housing Choice Vouchers are administered by quasi-low-income families. Public Housing and Housing Choice Vouchers are administered by quasi-
governmental, local PHAs. Single-family rural housing programs are administered by local Rural governmental, local PHAs. Single-family rural housing programs are administered by local Rural
Development offices. The other Section 214-covered programs are primarily administered by Development offices. The other Section 214-covered programs are primarily administered by
private property owners—both for-profit and nonprofit—under contract with HUD or RHS.24 private property owners—both for-profit and nonprofit—under contract with HUD or RHS.24
Under Section 214, the applicable Secretary may not make financial assistance available to a Under Section 214, the applicable Secretary may not make financial assistance available to a
noncitizen unless the noncitizen is a resident of the United States and also is an LPR,25 refugee,26 noncitizen unless the noncitizen is a resident of the United States and also is an LPR,25 refugee,26
asylee,27 or parolee;28 is granted withholding of removal on the basis of prospective persecution;29 asylee,27 or parolee;28 is granted withholding of removal on the basis of prospective persecution;29
or is a citizen of a Freely Associated State (FAS) living in the United States.30 Unauthorized or is a citizen of a Freely Associated State (FAS) living in the United States.30 Unauthorized
aliens, DACA recipients, TPS holders, and temporary nonimmigrants are ineligible for assistance aliens, DACA recipients, TPS holders, and temporary nonimmigrants are ineligible for assistance
under Section 214-covered programs. under Section 214-covered programs.

21 T hese include the Section 235 Homeownership Assistance, Section 236 Rental Assistance, and Section 101 Rent al 21 T hese include the Section 235 Homeownership Assistance, Section 236 Rental Assistance, and Section 101 Rent al
Supplement programs. Supplement programs.
22 For more information on rural housing programs, see CRS Report RL31837, 22 For more information on rural housing programs, see CRS Report RL31837, An Overview of USDA Rural
Developm ent Program s.
23 T his restriction on the Secretary was added to the Housing Act of 23 T his restriction on the Secretary was added to the Housing Act of ~~194 9~~1949 in 1988 by P.L. 100-242, § 302(a); see 42 in 1988 by P.L. 100-242, § 302(a); see 42
U.S.C. §1471(h). U.S.C. §1471(h).
24 For more information about federal housing programs, see CRS Report RL34591, 24 For more information about federal housing programs, see CRS Report RL34591, Overview of Federal Housing
Assistance Program s and Policy. .
25 42 U.S.C. §1436a(a)(1) and (2) and (6). 25 42 U.S.C. §1436a(a)(1) and (2) and (6).
26 42 U.S.C. §1436a(a)(3). 26 42 U.S.C. §1436a(a)(3).
27 42 U.S.C. §1436a(a)(3). 27 42 U.S.C. §1436a(a)(3).
28 42 U.S.C. §1436a(a)(4). In contrast to PRWORA (see section below), under Section 214 there is no time restriction 28 42 U.S.C. §1436a(a)(4). In contrast to PRWORA (see section below), under Section 214 there is no time restriction
on parolees. on parolees.
29 42 U.S.C. §1436a(a)(5). 29 42 U.S.C. §1436a(a)(5).
30 42 U.S.C. §1436a(a)(7). P.L. 114-201 amended Section 214 to give preference for covered federal housing programs 30 42 U.S.C. §1436a(a)(7). P.L. 114-201 amended Section 214 to give preference for covered federal housing programs
in Guam to U.S. citizens and nationals over all other eligible noncitizens T his policy change had been advocated by the in Guam to U.S. citizens and nationals over all other eligible noncitizens T his policy change had been advocated by the
Delegate from Guam out of concern that migrants from the Federated States of Delegate from Guam out of concern that migrants from the Federated States of ~~Micron esia~~Micronesia, Palau, and the Marshall , Palau, and the Marshall
Islands are competing with Guam residents for limited housing assistance. See Islands are competing with Guam residents for limited housing assistance. See ~~Representative~~Represen tative Madeleine Z. Bordallo, Madeleine Z. Bordallo,
“Bordallo Housing Amendment Passes House,” press release, February 2, 2016, https://bordallo.house.gov/media-“Bordallo Housing Amendment Passes House,” press release, February 2, 2016, https://bordallo.house.gov/media-
center/press-releases/bordallo-housing-amendment -passes-house. center/press-releases/bordallo-housing-amendment -passes-house.
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Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (PRWORA; P.L. 104-193)
Among other things,31 PRWORA established new restrictions on the eligibility of noncitizens for Among other things,31 PRWORA established new restrictions on the eligibility of noncitizens for
public benefits. PRWORA explicitly states that aliens, unless they are qualified aliens, are not public benefits. PRWORA explicitly states that aliens, unless they are qualified aliens, are not
eligible for federal public benefits. PRWORA defines eligible for federal public benefits. PRWORA defines federal public benefit to include “public or to include “public or
assisted housing … or any similar benefit for which payments or assistance are provided to an assisted housing … or any similar benefit for which payments or assistance are provided to an
individual, household, or family eligibility unit by an agency of the United States or by individual, household, or family eligibility unit by an agency of the United States or by
appropriated funds of the United States.”32 However, the law does not specify further; thus, it has appropriated funds of the United States.”32 However, the law does not specify further; thus, it has
been left to agency guidance to determine which programs are federal public benefit programs been left to agency guidance to determine which programs are federal public benefit programs
(see the (see the “Implementing Regulations” section). PRWORA also included more stringent eligibility section). PRWORA also included more stringent eligibility
requirements for requirements for federal means-tested public benefit programs, but no housing programs have , but no housing programs have
been determined to fal under this category.33 been determined to fal under this category.33
Qualified Alien
PRWORA created the term PRWORA created the term qualified alien, 34 which did not previously exist in immigration law, , 34 which did not previously exist in immigration law,
to encompass the categories of noncitizens who are to encompass the categories of noncitizens who are not prohibited by PRWORA from receiving by PRWORA from receiving
federal public benefits. Qualified aliens are legal permanent residents,35 refugees,36 asylees,37 federal public benefits. Qualified aliens are legal permanent residents,35 refugees,36 asylees,37
aliens paroled into the United States for at least one year,38 and aliens granted withholding of aliens paroled into the United States for at least one year,38 and aliens granted withholding of
removal.39 The Il egal Immigration Reform and Immigrant Responsibility Act (P.L. 104-208) removal.39 The Il egal Immigration Reform and Immigrant Responsibility Act (P.L. 104-208)
added certain abused spouses and children (e.g., VAWA Self-Petitioners) as another class of added certain abused spouses and children (e.g., VAWA Self-Petitioners) as another class of
qualified aliens.40 The Balanced Budget Act of 1997 (P.L. 105-33) added Cuban-Haitian qualified aliens.40 The Balanced Budget Act of 1997 (P.L. 105-33) added Cuban-Haitian

31 As mentioned in the previous section, PRWORA extended Section 214 to also apply to certain rural housing 31 As mentioned in the previous section, PRWORA extended Section 214 to also apply to certain rural housing
programs administered by the U.S. Department of Agriculture (USDA), including the programs administered by the U.S. Department of Agriculture (USDA), including the ~~Sections 502~~ Section s 502 (direct), 504, 521, (direct), 504, 521,
and 542 programs (P.L. 104-193, §441). and 542 programs (P.L. 104-193, §441).
32 P.L. 104-193, §401(c)(1)(B). 32 P.L. 104-193, §401(c)(1)(B).
33 Federal means-tested public benefits (FMT PB) are programs where eligibility is partially based on one’s household 33 Federal means-tested public benefits (FMT PB) are programs where eligibility is partially based on one’s household
income. T hese include Supplemental Security Income (SSI), T emporary Assistance for Needy Families (T ANF), income. T hese include Supplemental Security Income (SSI), T emporary Assistance for Needy Families (T ANF),
Supplemental Supplemental ~~Nutrition~~Nutrit ion Assistance Program (SNAP), non Assistance Program (SNAP), non -emergency Medicaid, and State Child Health Insurance -emergency Medicaid, and State Child Health Insurance
Program (CHIP). Many qualified aliens are barred from FMT BPProgram (CHIP). Many qualified aliens are barred from FMT BP for five years. In addition, many qualified aliens are for five years. In addition, many qualified aliens are
subject to subject to sponsor deem ing, meaning that a portion of the immigrant’s sponsor’s income and resources are used for the , meaning that a portion of the immigrant’s sponsor’s income and resources are used for the
purpose of determining whether the alien meets the financial eligibility requirement of the FMT PB. Moreover, if the purpose of determining whether the alien meets the financial eligibility requirement of the FMT PB. Moreover, if the
alien does receive a FMT PB, the granting agency can seek reimbursement from the immigrant’s sponsor. Some alien does receive a FMT PB, the granting agency can seek reimbursement from the immigrant’s sponsor. Some
categories of noncitizens are not subject to these stricter rules for FMT PB, including refugees, asylees, Cuban/Haitian categories of noncitizens are not subject to these stricter rules for FMT PB, including refugees, asylees, Cuban/Haitian
Entrants, Vietnamese-born Amerasians, and aliens granted withholding of removal. For more information, see CRS Entrants, Vietnamese-born Amerasians, and aliens granted withholding of removal. For more information, see CRS
Report RL33809, Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy Overview. .
34 P.L. 104-193 §431; 8 U.S.C. §1641. 34 P.L. 104-193 §431; 8 U.S.C. §1641.
35 8 U.S.C. §1641(b)(1). 35 8 U.S.C. §1641(b)(1).
36 8 U.S.C. §1641(b)(3) and (6). For the purposes of this report, this includes refugee-like conditional entrants who 36 8 U.S.C. §1641(b)(3) and (6). For the purposes of this report, this includes refugee-like conditional entrants who
arrived prior to 1980. For more information, see CRS Report R45539, arrived prior to 1980. For more information, see CRS Report R45539, Im m igration: U.S. Asylum Policy. .
37 8 U.S.C. §1641(b)(2). 37 8 U.S.C. §1641(b)(2).
38 8 U.S.C. §1641(b)(4). 38 8 U.S.C. §1641(b)(4).
39 8 U.S.C. §1641(b)(5). 39 8 U.S.C. §1641(b)(5).
40 Certain battered aliens are eligible for federal public benefits if they can demonstrate (in the 40 Certain battered aliens are eligible for federal public benefits if they can demonstrate (in the ~~opinion~~o pinion of the agency of the agency
providing such benefits) “[that] there is a substantial connection between such battery or cruelty and the need for the providing such benefits) “[that] there is a substantial connection between such battery or cruelty and the need for the
benefits to be provided” (P.L. 104-193 §431(c)(1)(A); 8 U.S.C. §1641(c)). benefits to be provided” (P.L. 104-193 §431(c)(1)(A); 8 U.S.C. §1641(c)).
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entrants.41 Qualified aliens are not automatical y eligible for federal benefit programs; they are entrants.41 Qualified aliens are not automatical y eligible for federal benefit programs; they are
stil subject to al eligibility and availability restrictions of the program. stil subject to al eligibility and availability restrictions of the program.
Nonqualified aliens are al other noncitizens, including nonimmigrants, DACA recipients, TPS Nonqualified aliens are al other noncitizens, including nonimmigrants, DACA recipients, TPS
holders, short-term parolees, asylum applicants, and unauthorized immigrants. holders, short-term parolees, asylum applicants, and unauthorized immigrants.
Exemptions
PRWORA exempts certain types of programs, usual y thought of as emergency programs, from PRWORA exempts certain types of programs, usual y thought of as emergency programs, from
alien eligibility requirements, including short-term, in-kind emergency disaster relief and services alien eligibility requirements, including short-term, in-kind emergency disaster relief and services
or assistance (such as short-term shelters) designated by the Attorney General as (1) delivering in-or assistance (such as short-term shelters) designated by the Attorney General as (1) delivering in-
kind services at the community level, (2) providing assistance without individual determinations kind services at the community level, (2) providing assistance without individual determinations
of each recipient’s needs, and (3) being necessary for the protection of life and safety. For of each recipient’s needs, and (3) being necessary for the protection of life and safety. For
housing, then-Attorney General Janet Reno determined this to include the following: housing, then-Attorney General Janet Reno determined this to include the following:
 short-term shelter or housing assistance for the homeless; victims of domestic  short-term shelter or housing assistance for the homeless; victims of domestic
violence; or runaway, abused, or abandoned children; and violence; or runaway, abused, or abandoned children; and
 programs, services, or assistance to help individuals during periods of heat, cold,  programs, services, or assistance to help individuals during periods of heat, cold,
or other adverse weather conditions. 42 or other adverse weather conditions. 42
Aliens who do not meet the definition of qualified aliens are eligible for these emergency Aliens who do not meet the definition of qualified aliens are eligible for these emergency
programs. programs.
In addition, any aliens who were receiving the following assistance on the date of the enactment In addition, any aliens who were receiving the following assistance on the date of the enactment
of PRWORAof PRWORA (August 22, 1996) are exempt from PRWORA’s eligibility restrictions as they (August 22, 1996) are exempt from PRWORA’s eligibility restrictions as they
pertain to those programs: pertain to those programs:
 programs for housing or community development assistance or financial  programs for housing or community development assistance or financial
assistance administered by the Secretary of HUD, assistance administered by the Secretary of HUD,
 any program under Title V of the Housing Act of 1949 (USDA rural housing  any program under Title V of the Housing Act of 1949 (USDA rural housing
programs), or programs), or
 any assistance under Section 306C of the Consolidated Farm and Rural  any assistance under Section 306C of the Consolidated Farm and Rural
Development Act (USDA rural development programs).43 Development Act (USDA rural development programs).43
Final y, Final y, PRWORA exempts nonprofit charitable organizations that provide federal public benefits PRWORA exempts nonprofit charitable organizations that provide federal public benefits
from having to verify the eligibility of program participants.44 Many housing programs, such as from having to verify the eligibility of program participants.44 Many housing programs, such as
homeless assistance programs, are administered by nonprofit organizations and therefore are not homeless assistance programs, are administered by nonprofit organizations and therefore are not
required to verify their clients’ citizenship status. Thus, nonqualified aliens may receive housing required to verify their clients’ citizenship status. Thus, nonqualified aliens may receive housing
services from these organizations, regardless of their eligibility status. Programs not administered services from these organizations, regardless of their eligibility status. Programs not administered
by nonprofit organizations must verify noncitizen applicants’ immigration status (for example, by nonprofit organizations must verify noncitizen applicants’ immigration status (for example,
see discussion in the “Verification of Immigration Status and Documentation Requirements: see discussion in the “Verification of Immigration Status and Documentation Requirements:
HUD” text box later in this report). HUD” text box later in this report).

41 8 U.S.C. §1641(b)(7). 41 8 U.S.C. §1641(b)(7).
42 61 42 61 Federal Register, p. 45985, August 30, 1996, https://www.govinfo.gov/content/pkg/FR-1996-08-30/pdf/96-, p. 45985, August 30, 1996, https://www.govinfo.gov/content/pkg/FR-1996-08-30/pdf/96-
22233.pdf. T he notice of final order was published in January 2001, and did not significantly alter the original notice. 22233.pdf. T he notice of final order was published in January 2001, and did not significantly alter the original notice.
66 66 Federal Register, p. 3613, January 16, 2001, https://www.govinfo.gov/content/pkg/FR-2001-01-16/pdf/01-1158.pdf. , p. 3613, January 16, 2001, https://www.govinfo.gov/content/pkg/FR-2001-01-16/pdf/01-1158.pdf.
43 P.L. 104-193 §401(b)(1)(E); 8 U.S.C. §1611(b)(1)(E). For a description of USDA rural housing and rural 43 P.L. 104-193 §401(b)(1)(E); 8 U.S.C. §1611(b)(1)(E). For a description of USDA rural housing and rural
development programs, see CRS Report RL31837, development programs, see CRS Report RL31837, An Overview of USDA Rural Developm ent Program s.
44 8 U.S.C. §1642(d). 44 8 U.S.C. §1642(d).
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Victims of Trafficking and Violence Protection Act of 2000
Subsequent to the enactment of Section 214 and PRWORA, Congress enacted the Victims of Trafficking and Violence Subsequent to the enactment of Section 214 and PRWORA, Congress enacted the Victims of Trafficking and Violence
Protection Act of 2000 (P.L. 106-386). While the law did not amend Section 214 or PRWORA, it made victims of Protection Act of 2000 (P.L. 106-386). While the law did not amend Section 214 or PRWORA, it made victims of
trafficking eligible for benefits and services “under any Federal or State program” to the same extent as refugees (§107). trafficking eligible for benefits and services “under any Federal or State program” to the same extent as refugees (§107).
As a result, victims of trafficking are eligible/not prohibited from receiving housing assistance. As a result, victims of trafficking are eligible/not prohibited from receiving housing assistance.
Differences Between Section 214 and PRWORA
As shown iAs shown in Table 1, nearly al noncitizens who are eligible under Section 214 are qualified nearly al noncitizens who are eligible under Section 214 are qualified
aliens under PRWORA, and vice versa. However, there are several categories of noncitizens aliens under PRWORA, and vice versa. However, there are several categories of noncitizens
where the laws are different: where the laws are different:
 While both statutes al ow eligibility for parolees, PRWORA states that parolees  While both statutes al ow eligibility for parolees, PRWORA states that parolees
are only are only qualified aliens ~~after having been in the United States for~~if they are granted parole for at least one year, one year,
while no time limit is specified in Section 214. while no time limit is specified in Section 214.
 PRWORA permits otherwise ineligible aliens receiving certain benefits on  PRWORA permits otherwise ineligible aliens receiving certain benefits on
August 22, 1996, to continue to receive such benefits. August 22, 1996, to continue to receive such benefits.
 Section 214 lists FAS migrants as eligible but they are not qualified under  Section 214 lists FAS migrants as eligible but they are not qualified under
PRWORA. PRWORA.
 There are two categories of noncitizens listed as qualified aliens under PRWORA  There are two categories of noncitizens listed as qualified aliens under PRWORA
that are not listed as eligible under Section 214: that are not listed as eligible under Section 214:
 Certain abused spouses and children (e.g., VAWA Self-Petitioners), and  Certain abused spouses and children (e.g., VAWA Self-Petitioners), and
 Cuban/Haitian entrants.  Cuban/Haitian entrants.
The inconsistent statutory treatment of certain categories of noncitizens between Section 214 and The inconsistent statutory treatment of certain categories of noncitizens between Section 214 and
PRWORA has led some to cal for statutory changes.45 For Section 214-covered programs, the PRWORA has led some to cal for statutory changes.45 For Section 214-covered programs, the
importance of these differences is unclear because the applicability of PRWORA to such importance of these differences is unclear because the applicability of PRWORA to such
programs has not been clarified. However, it would appear that administratively, aliens programs has not been clarified. However, it would appear that administratively, aliens who are who are
qualifiedqualified under PRWORA may be being treated as eligible under Section 214 programs. As a under PRWORA may be being treated as eligible under Section 214 programs. As a
specific example, HUD’s Office of General Counsel issued a memorandum in late 2016 stating specific example, HUD’s Office of General Counsel issued a memorandum in late 2016 stating
that the department has determined that VAWA Self-Petitioners are in “satisfactory immigration that the department has determined that VAWA Self-Petitioners are in “satisfactory immigration
status” when applying for assistance under Section 214-covered programs.46 HUD has not issued status” when applying for assistance under Section 214-covered programs.46 HUD has not issued
similarly direct guidance regarding Cuban/Haitian entrants. However, when asked for similarly direct guidance regarding Cuban/Haitian entrants. However, when asked for
clarification on the status of Cuban/Haitian entrants in a comment on a proposed rule, HUD clarification on the status of Cuban/Haitian entrants in a comment on a proposed rule, HUD
responded that “any immigrant who is lawfully in this country and meets other program eligibility responded that “any immigrant who is lawfully in this country and meets other program eligibility

45 For example, in the 108th Congress, Senator Christopher (Kit) Bond offered S.Amdt. 224, which was passed by a 45 For example, in the 108th Congress, Senator Christopher (Kit) Bond offered S.Amdt. 224, which was passed by a
voice-vote and added to the Senate version of H.J.Res. 2, a FY2003 omnibus appropriations bill, but it was not included voice-vote and added to the Senate version of H.J.Res. 2, a FY2003 omnibus appropriations bill, but it was not included
in the final version of the bill. T he amendment would have added the category in the final version of the bill. T he amendment would have added the category qualified alien to the categories of to the categories of
noncitizens eligible for housing benefits under Section 214, bringing the section into conformity with PRWORA. noncitizens eligible for housing benefits under Section 214, bringing the section into conformity with PRWORA.
While the Bond amendment was not included in the conference agreement, the conference report directed: “the While the Bond amendment was not included in the conference agreement, the conference report directed: “the
Department [of Housing and Urban Development] to work with the Department of Justice to develop any necessary Department [of Housing and Urban Development] to work with the Department of Justice to develop any necessary
technical corrections to applicable housing statutes with respect to qualified aliens who are victims of domestic technical corrections to applicable housing statutes with respect to qualified aliens who are victims of domestic
violence and Cuban and Haitian immigrants to ensure that such statutes are consistent with the Personal Responsibility violence and Cuban and Haitian immigrants to ensure that such statutes are consistent with the Personal Responsibility
and Work Opportunity Act of 1996 and the Illegal Immigrationand Work Opportunity Act of 1996 and the Illegal Immigration Reform and Personal Responsibility Act of 1996” Reform and Personal Responsibility Act of 1996”
(H.Rept. 108-10). (H.Rept. 108-10).
46 Memorandum from T onya Robinson, Acting General Counsel, to Julian Castro, Secretary, Subject: “Eligibility of 46 Memorandum from T onya Robinson, Acting General Counsel, to Julian Castro, Secretary, Subject: “Eligibility of
Battered Noncitizen Self-Petitioners for Financial Assistance under Section 214 of the Housing and Community Battered Noncitizen Self-Petitioners for Financial Assistance under Section 214 of the Housing and Community
Development Act of 1980,” December 15, 2016, http://library.niwap.org/wp-content/uploads/Eligibility-of-VAWA-Development Act of 1980,” December 15, 2016, http://library.niwap.org/wp-content/uploads/Eligibility-of-VAWA-
Self-Petitioners-2016-12-14.pdf. Self-Petitioners-2016-12-14.pdf.
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requirements is eligible to participate in HUD’s rental assistance programs.”47 As Cuban/Haitian requirements is eligible to participate in HUD’s rental assistance programs.”47 As Cuban/Haitian
entrants are legal y present, it may be presumed they are to be treated as eligible under Section entrants are legal y present, it may be presumed they are to be treated as eligible under Section
214 (and there are some indications that program administrators are doing so).48 214 (and there are some indications that program administrators are doing so).48
Table 1. Eligible Immigration Categories: Comparison of Section 214 and PRWORA
Qualified Alien under
Immigration Categories
Section 214-Eligible
PRWORA
Certain abused spouses and children (e.g., Certain abused spouses and children (e.g.,
Deemed eligibl Deemed eligiblebea
Qualified Qualified
VAWA Self-Petitioners) VAWA Self-Petitioners)
Cuban-Haitian Entrants Cuban-Haitian Entrants
Presumed eligibl Presumed eligibleaeb
Qualified Qualified
Deferred Action for Childhood Arrivals Deferred Action for Childhood Arrivals
Ineligible Ineligible
Not Qualified Not Qualified
(DACA) (DACA)
Freely Associated States (FAS) Migrants Freely Associated States (FAS) Migrants
Eligible Eligible
Not Qualified Not Qualified
Lawful permanent residents Lawful permanent residents
Eligible Eligible
Qualified Qualified
Nonimmigrants Nonimmigrants
Ineligible Ineligible
Not Qualified Not Qualified
(e.g., tourists, students, temporary workers) (e.g., tourists, students, temporary workers)
Otherwise ineligible aliens receiving certain Otherwise ineligible aliens receiving certain
Ineligible Ineligible
Qualified for federal public benefit Qualified for federal public benefitsd
benefits on August 22, 1996 benefits on August 22, 1996
Parolees Parolees
Eligible (no time limit) Eligible (no time limit)
Qualified Qualified ~~after one year~~
if granted parole for more than one year Refugees and asylees Refugees and asylees
Eligible Eligible
Qualified Qualified
Temporary Protected Status (TPS) Temporary Protected Status (TPS)
Ineligible Ineligible
Not Qualified Not Qualified
Unauthorized Immigrants Unauthorized Immigrants
Ineligible Ineligible
Not Qualified Not Qualified
Victims of Trafficking Victims of Trafficking
Eligibl Eligiblec
Qualifie Qualifiedc
Withholding of Removal Withholding of Removal
Eligible Eligible
Qualified Qualified
Source: Table prepared by CRS, based on 42 U.S.C. Table prepared by CRS, based on 42 U.S.C. ~~Section1436a~~Section 1436a (for Section 214) and 8 U.S.C. (for Section 214) and 8 U.S.C. ~~Section1641~~Section 1641
(for PRWORA), unless otherwise noted. (for PRWORA), unless otherwise noted.
a. While not explicitly listed under Section 214, HUD guidance indicates these categories may be being a. While not explicitly listed under Section 214, HUD guidance indicates these categories may be being
treated as eligible for assistance under it. See treated as eligible for assistance under it. See discussion in the discussion in the “Differences Between Section 214 and
PRWORA” section. section.
b. See discussion in the b. See discussion in the “Differences Between Section 214 and PRWORA” section. section.
c. The Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386) made victims of trafficking c. The Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386) made victims of trafficking
eligible for benefits and services “under any Federal or State program” to the same extent as refugees eligible for benefits and services “under any Federal or State program” to the same extent as refugees
(§107; 22 U.S.C. (§107; 22 U.S.C. §7101 et seq.) Thus, victims7101 et seq.) Thus, victims of trafficking are eligible for housing programsof trafficking are eligible for housing programs to the same to the same
extent that refugees are eligible for them. extent that refugees are eligible for them.
d. Otherwise ineligible aliens who were receiving housing, community development, or financial assistance d. Otherwise ineligible aliens who were receiving housing, community development, or financial assistance
administered by the Secretary of HUD, assistance under any program under Title V of the Housing Act of administered by the Secretary of HUD, assistance under any program under Title V of the Housing Act of
1949; or any assistance under Section 306C of the Consolidated Farm and Rural Development Act on the 1949; or any assistance under Section 306C of the Consolidated Farm and Rural Development Act on the
date PRWORA was enacted (August 22, 1996) are exempt from PRWORA’s eligibility restrictions.date PRWORA was enacted (August 22, 1996) are exempt from PRWORA’s eligibility restrictions.

47 U.S. Department of Housing and Urban Development (HUD), “Refinement of Income and Rent Determination 47 U.S. Department of Housing and Urban Development (HUD), “Refinement of Income and Rent Determination
Requirements in Public and Assisted Housing Programs; Final Rule,” 74Requirements in Public and Assisted Housing Programs; Final Rule,” 74 Federal Register 4826, January 27, 2009. 4826, January 27, 2009.
48 For example, the HUD Multifamily Occupancy Guidebook lists Cuban/Haitian Entrant status as one of the statuses 48 For example, the HUD Multifamily Occupancy Guidebook lists Cuban/Haitian Entrant status as one of the statuses
that is acceptable when verifying tenant eligibility (https://www.hud.gov/sites/documents/43503C3HSGH.PDF). that is acceptable when verifying tenant eligibility (https://www.hud.gov/sites/documents/43503C3HSGH.PDF).
Further, the administrative plans of some entities administering federal housing programs list Cuban/Haitian entrants as Further, the administrative plans of some entities administering federal housing programs list Cuban/Haitian entrants as
eligible for assistance (see, for example, https://www.cityofpensacola.com/DocumentCenter/View/1796/Housing-eligible for assistance (see, for example, https://www.cityofpensacola.com/DocumentCenter/View/1796/Housing-
Choice-Voucher-Program-Administrative-Plan-PDF). Choice-Voucher-Program-Administrative-Plan-PDF).
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Other Laws
While Section 214 and PRWORA are the primary laws governing noncitizen eligibility for While Section 214 and PRWORA are the primary laws governing noncitizen eligibility for
federal housing programs, these two laws do not cover the full universe of housing programs. In federal housing programs, these two laws do not cover the full universe of housing programs. In
most cases, authorizing statutes for other housing programs do not address noncitizen eligibility. most cases, authorizing statutes for other housing programs do not address noncitizen eligibility.
However, the statute authorizing the Farm Labor Housing grant and loan programs (the Section However, the statute authorizing the Farm Labor Housing grant and loan programs (the Section
514 and Section 516 programs) administered by USDA establishes noncitizen eligibility 514 and Section 516 programs) administered by USDA establishes noncitizen eligibility
requirements for those programs.49 Specifical y, it requires that residents of Farm Labor Housing requirements for those programs.49 Specifical y, it requires that residents of Farm Labor Housing
properties be either U.S. citizens or persons legal y admitted for permanent residence. In 2018, properties be either U.S. citizens or persons legal y admitted for permanent residence. In 2018,
the law was amended to also make eligible persons legal y admitted and authorized to work in the law was amended to also make eligible persons legal y admitted and authorized to work in
agriculture (e.g., temporary agricultural workers under the H2A program).50 agriculture (e.g., temporary agricultural workers under the H2A program).50
Implementing Regulations
The statutory restrictions on noncitizen eligibility for federal housing programs included in The statutory restrictions on noncitizen eligibility for federal housing programs included in
Section 214, PRWORA, and others laws require federal agencies to issue regulations and Section 214, PRWORA, and others laws require federal agencies to issue regulations and
guidance to interpret and apply the provisions to specific programs. That implementation process guidance to interpret and apply the provisions to specific programs. That implementation process
has taken many years in some cases, and never begun in others. This section of the report briefly has taken many years in some cases, and never begun in others. This section of the report briefly
outlines the relevant regulatory processes by agency. It is followed by a discussion of how these outlines the relevant regulatory processes by agency. It is followed by a discussion of how these
policies are implemented policies are implemented for specific programs. for specific programs.
HUD
While Section 214 was enacted in 1980, and substantial y amended and expanded in scope in While Section 214 was enacted in 1980, and substantial y amended and expanded in scope in
1981, HUD’s regulations to implement the law were not finalized until the late 1990s. The delay 1981, HUD’s regulations to implement the law were not finalized until the late 1990s. The delay
is attributable to a number of factors, including laws directing the agency to suspend is attributable to a number of factors, including laws directing the agency to suspend
implementation of various final rules issued over that period,51 a court injunction,52 and the need implementation of various final rules issued over that period,51 a court injunction,52 and the need
to amend the proposed rules to reflect statutory changes to Section 214.53 to amend the proposed rules to reflect statutory changes to Section 214.53
HUD’s current regulations implementing Section 214 can be found at 24 C.F.R Section 5.500, HUD’s current regulations implementing Section 214 can be found at 24 C.F.R Section 5.500,
Subpart E. They establish treatment of mixed-status families as wel as requirements regarding Subpart E. They establish treatment of mixed-status families as wel as requirements regarding
how program administrators should verify noncitizen eligibility. how program administrators should verify noncitizen eligibility.

49 T he Farm Labor Housing loan program is authorized by Section 514 of the Housing Act of 1949, as amended (42 49 T he Farm Labor Housing loan program is authorized by Section 514 of the Housing Act of 1949, as amended (42
U.S.C. §1484); the Farm Labor Housing Grant program is authorized by Section 516 of the act, as amended (42 U.S.C. U.S.C. §1484); the Farm Labor Housing Grant program is authorized by Section 516 of the act, as amended (42 U.S.C.
§1486). In order to be eligible, a tenant must be §1486). In order to be eligible, a tenant must be dom estic farm labor, a term defined to include limitations on , a term defined to include limitations on
noncitizen eligibility (42 U.S.C. §1484(f)(3)(A)). noncitizen eligibility (42 U.S.C. §1484(f)(3)(A)).
50 See P.L. 115-141, 132 ST AT . 365. 50 See P.L. 115-141, 132 ST AT . 365.
51 For example, following publication of a final rule to implement Section 214 on October 4, 1982, but before it was 51 For example, following publication of a final rule to implement Section 214 on October 4, 1982, but before it was
made effective, P.L. 98-181 was enacted, which contained a provision prohibiting HUD from implementing the made effective, P.L. 98-181 was enacted, which contained a provision prohibiting HUD from implementing the
statutory changes contained in the rule for at least one year. HUD published a new statutory changes contained in the rule for at least one year. HUD published a new ~~final~~f inal rule on April 1, 1986, but after rule on April 1, 1986, but after
several delayed implementation dates, the FY1987 HUD appropriations law (several delayed implementation dates, the FY1987 HUD appropriations law ( P.L. 99-500) prohibited HUD from using P.L. 99-500) prohibited HUD from using
funds appropriated in that or any other act to implement the rule. funds appropriated in that or any other act to implement the rule.
52 For more information, see the “Supplementary Information” section of Department of Housing and Urban 52 For more information, see the “Supplementary Information” section of Department of Housing and Urban
Development, “Aliens: Withdrawal of Restrictions on the Use of Assisted Housing: Final Rule,” 53Development, “Aliens: Withdrawal of Restrictions on the Use of Assisted Housing: Final Rule,” 53 Federal Register
842, January 13, 1988. 842, January 13, 1988.
53 For a summary of the regulatory process for the implementation of Section 214, see the “Supplementary 53 For a summary of the regulatory process for the implementation of Section 214, see the “Supplementary
Information” section of Department of Housing and Urban Development, “Revised Restrictions on Assistance to Information” section of Department of Housing and Urban Development, “Revised Restrictions on Assistance to
Noncitizens,” 91Noncitizens,” 91 Federal Register 25726, May 12, 1999. 25726, May 12, 1999.
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HUD has not issued regulations implementing the noncitizen provisions of PRWORA. The HUD has not issued regulations implementing the noncitizen provisions of PRWORA. The
agency has also not defined which of its programs are federal public benefits and thus subject to agency has also not defined which of its programs are federal public benefits and thus subject to
PRWORA’s noncitizen eligibility restrictions.54 One exception is HUD homeless programs; HUD PRWORA’s noncitizen eligibility restrictions.54 One exception is HUD homeless programs; HUD
has clarified via a letter and fact sheet that a number of activities funded under those programs are has clarified via a letter and fact sheet that a number of activities funded under those programs are
exempt from PRWORA restrictions, as discussed later in this report. Further, HUD has clarified exempt from PRWORA restrictions, as discussed later in this report. Further, HUD has clarified
that none of its programs are considered to be that none of its programs are considered to be federal means-tested public benefits55 (such 55 (such
programs have more stringent eligibility requirements under PRWORA). programs have more stringent eligibility requirements under PRWORA).
USDA
As noted previously, in 1996 PRWORA amended Section 214 to expand its noncitizen restrictions As noted previously, in 1996 PRWORA amended Section 214 to expand its noncitizen restrictions
to certain rural housing programs. From 1988 until PRWORA was enacted, the law had to certain rural housing programs. From 1988 until PRWORA was enacted, the law had
prohibited the Secretary of Agriculture from restricting access to rural housing programs to prohibited the Secretary of Agriculture from restricting access to rural housing programs to
anyone who would otherwise be eligible under Section 214. anyone who would otherwise be eligible under Section 214.
USDA did not undertake a separate rulemaking process to implement laws restricting noncitizen USDA did not undertake a separate rulemaking process to implement laws restricting noncitizen
eligibility in rural housing programs, nor did it issue any clarification regarding which, if any, of eligibility in rural housing programs, nor did it issue any clarification regarding which, if any, of
its rural housing programs (particularly those not covered by Section 214) are considered federal its rural housing programs (particularly those not covered by Section 214) are considered federal
public benefits for purposes of PRWORA. Instead, USDA has implemented various noncitizen public benefits for purposes of PRWORA. Instead, USDA has implemented various noncitizen
restrictions as a part of broader rural housing program rulemaking.56 restrictions as a part of broader rural housing program rulemaking.56
One notable aspect of USDA’s implementation of Section 214—compared to HUD’s—is that One notable aspect of USDA’s implementation of Section 214—compared to HUD’s—is that
USDA regulations do not directly address treatment of mixed-status families and, instead, only USDA regulations do not directly address treatment of mixed-status families and, instead, only
require the verification of eligibility for the head of household. require the verification of eligibility for the head of household.
Policies for Specific Federal Housing Programs
Section 214-Covered Programs
The largest federal direct housing assistance programs are al covered by the restrictions on The largest federal direct housing assistance programs are al covered by the restrictions on
noncitizen eligibility set forth in Section 214. These include HUD’s Public Housing program, the noncitizen eligibility set forth in Section 214. These include HUD’s Public Housing program, the
Housing Choice Voucher (HCV) program, and the Section 8 project-based rental assistance Housing Choice Voucher (HCV) program, and the Section 8 project-based rental assistance
program, as wel as USDA’s Section 521 rental assistance, Section 542 voucher, and Section 502 program, as wel as USDA’s Section 521 rental assistance, Section 542 voucher, and Section 502
and Section 504 single-familyand Section 504 single-family direct loan and grant programs. These programs al provide deep direct loan and grant programs. These programs al provide deep
subsidies to reduce the costs of low-income families’ rent or mortgage payments. Combined, they subsidies to reduce the costs of low-income families’ rent or mortgage payments. Combined, they
serve roughly 5 mil ion families.57 serve roughly 5 mil ion families.57
Under Section 214, each of these programs limits eligibility to U.S. citizens and certain Under Section 214, each of these programs limits eligibility to U.S. citizens and certain
noncitizens made eligible under the section (for specific immigration categories and their noncitizens made eligible under the section (for specific immigration categories and their

54 T he exception is the Lead Hazard Control program. T he comments section of a Department of Justice Attorney 54 T he exception is the Lead Hazard Control program. T he comments section of a Department of Justice Attorney
General Final Order (66 General Final Order (66 Federal Register 3615) issued in 2001 notes that HUD had determined that benefits under the r 3615) issued in 2001 notes that HUD had determined that benefits under the
Lead Hazard Control Program were not federal public benefits within the Lead Hazard Control Program were not federal public benefits within the ~~meaning~~m eaning of PRWORA. of PRWORA.
55 See 65 55 See 65 Federal Register 49994, August 16, 2000; 8 C.F.R. §213a. Both HUD and the Department of Health and 49994, August 16, 2000; 8 C.F.R. §213a. Both HUD and the Department of Health and
Human Services contended that the term Human Services contended that the term federal m eans-tested public benefit should only apply to mandatory funded should only apply to mandatory funded
programs. (None of HUD’s programs are mandatory funded programs.) T he Department of Justice found that this was programs. (None of HUD’s programs are mandatory funded programs.) T he Department of Justice found that this was
a permissible interpretation of the statute (see Department of Justice, “ Memorandum Opinion for the General Counsel a permissible interpretation of the statute (see Department of Justice, “ Memorandum Opinion for the General Counsel
for the Department of Health and Human Services, Proposed Agency Interpretation of ‘Federal Means-T ested Public for the Department of Health and Human Services, Proposed Agency Interpretation of ‘Federal Means-T ested Public
Benefits’ Under Personal Responsibility and Work Opportunity Reconciliation Act of 1996, ” January 14, 1997). Benefits’ Under Personal Responsibility and Work Opportunity Reconciliation Act of 1996, ” January 14, 1997).
56 For specific regulations, se 56 For specific regulations, see Table 2 later in this report. later in this report.
57 For more information on these and other federal housing programs, see CRS Report RL34591, 57 For more information on these and other federal housing programs, see CRS Report RL34591, Overview of Federal
Housing Assistance Program s and Policy. .
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eligibility under Section 214, eligibility under Section 214, seesee Table 1). However, there are differences in how these . However, there are differences in how these
restrictions are implemented for mixed-status families between those programs administered by restrictions are implemented for mixed-status families between those programs administered by
HUD and those administered by USDA. HUD and those administered by USDA.
Mixed-Status Families in Section 214-Covered Programs
Some households that include U.S. citizens or eligible noncitizens also include ineligible Some households that include U.S. citizens or eligible noncitizens also include ineligible
noncitizens (including, but not limited to, unauthorized noncitizens). These mixed-status families noncitizens (including, but not limited to, unauthorized noncitizens). These mixed-status families
are treated differently in Section 214-covered programs administered by HUD and USDA. are treated differently in Section 214-covered programs administered by HUD and USDA.
HUD’s regulations implementing Section 214 require the proration of assistance to families in HUD’s regulations implementing Section 214 require the proration of assistance to families in
which at least one member—which may include the head of household—has ineligible which at least one member—which may include the head of household—has ineligible
immigration status. A prorated housing benefit is calculated by reducing the benefit due to the immigration status. A prorated housing benefit is calculated by reducing the benefit due to the
family by the proportion of ineligible noncitizens in the household.58 family by the proportion of ineligible noncitizens in the household.58
In contrast, USDA’s regulations implementing Section 214 for rural housing programs do not In contrast, USDA’s regulations implementing Section 214 for rural housing programs do not
directly address mixed-status families. Instead, they base noncitizen eligibility only on the status directly address mixed-status families. Instead, they base noncitizen eligibility only on the status
of the head of household, with no proration of benefit for mixed-status households. Thus, a of the head of household, with no proration of benefit for mixed-status households. Thus, a
mixed-status family headed by an ineligible noncitizen (e.g., an ineligible mother with two U.S. mixed-status family headed by an ineligible noncitizen (e.g., an ineligible mother with two U.S.
citizen children) is ineligible for assistance under Section 214-covered USDA rural housing citizen children) is ineligible for assistance under Section 214-covered USDA rural housing
programs, but is eligible for prorated benefits under Section 214-covered HUD programs. programs, but is eligible for prorated benefits under Section 214-covered HUD programs.
Conversely, a mixed-status family headed by a U.S. citizen with ineligible noncitizen members Conversely, a mixed-status family headed by a U.S. citizen with ineligible noncitizen members
(e.g., a U.S. citizen married to an ineligible noncitizen) is eligible for full benefits under Section (e.g., a U.S. citizen married to an ineligible noncitizen) is eligible for full benefits under Section
214-covered USDA rural housing programs, but would receive prorated benefits under Section 214-covered USDA rural housing programs, but would receive prorated benefits under Section
214-covered HUD programs. 214-covered HUD programs.
~~HUD has recently issued a proposed regulatory change to the treatment of mixed-status families~~
~~(see the “HUD Proposed Revision to Section 214 Regulations” section). According to the Office~~
~~of Management and Budget’s Spring 2019 Unified Agenda and Regulatory Plan, USDA intends~~
~~to publish regulatory revisions to the treatment of mixed-status families for rural housing~~
~~programs.59 As of the date of this report, HUD’s proposed rule had not been finalized and~~
~~USDA’s revisions had not been published in the Federal Register.~~

~~58 24 C.F.R. §5.520.~~
~~59 See Office of Management and Budget, Office of Information and Regulatory Affairs, “ Implementation of the Multi-~~
~~Family Housing U.S. Citizenship Requirements,” at https://www.reginfo.gov/public/do/eAgendaViewRule?pubI d=~~
~~201904&RIN=0575-AC86.~~
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Verification of Immigration Status and Documentation Requirements: HUD
Section 214 requires noncitizen applicants to provide documentation of eligible immigration status. In the case of HUD Section 214 requires noncitizen applicants to provide documentation of eligible immigration status. In the case of HUD
programs, under federal regulations and guidance al applicants must sign a certification (under penalty of perjury) for programs, under federal regulations and guidance al applicants must sign a certification (under penalty of perjury) for
each household member (1) declaring status as a U.S. citizen, (2) declaring eligible immigration status and providing each household member (1) declaring status as a U.S. citizen, (2) declaring eligible immigration status and providing
supporting documentation, or (3) stating that the individual is choosing not to claim eligible status and acknowledging supporting documentation, or (3) stating that the individual is choosing not to claim eligible status and acknowledging
ineligibility for assistance. Individuals age 62 and older and individuals who were receiving assistance prior to September ineligibility for assistance. Individuals age 62 and older and individuals who were receiving assistance prior to September
30, 1996, are exempted from providing documentation. 30, 1996, are exempted from providing documentation.
HUD program administrators are required to verify any documentation provided by noncitizens. They are authorized HUD program administrators are required to verify any documentation provided by noncitizens. They are authorized
to use the Systematic Alien Verification for Entitlements (SAVE) system, administered by U.S. Citizenship and to use the Systematic Alien Verification for Entitlements (SAVE) system, administered by U.S. Citizenship and
Immigration Services (USCIS). SAVE is used to obtain immigration status information to determine eligibility for public Immigration Services (USCIS). SAVE is used to obtain immigration status information to determine eligibility for public
benefits based on noncitizen eligibility restrictions, which vary depending on which laws govern the program (e.g., benefits based on noncitizen eligibility restrictions, which vary depending on which laws govern the program (e.g.,
Section 214 or PRWORA). The SAVE system does not determine eligibility for HUD programs, but rather provides Section 214 or PRWORA). The SAVE system does not determine eligibility for HUD programs, but rather provides
information on the noncitizen’s status so that the program’s administrators can make an eligibility determination. information on the noncitizen’s status so that the program’s administrators can make an eligibility determination.
U.S. citizens are not required under federalU.S. citizens are not required under federal law to provide proof of status beyond the signed declaration, although law to provide proof of status beyond the signed declaration, although
HUD’s recent proposed rule (discussed later in this report) would create new documentation requirements forHUD’s recent proposed rule (discussed later in this report) would create new documentation requirements for U.S. U.S.
citizens participating in Section 214-covered programs. citizens participating in Section 214-covered programs.
Non-Section 214 HUD Housing Assistance and Grant Programs
Other housing programs administered by HUD include both programs that are substantial y Other housing programs administered by HUD include both programs that are substantial y
similar to those covered by Section 214 and programs that are substantial y different. Some HUD similar to those covered by Section 214 and programs that are substantial y different. Some HUD
rental assistance programs, including those for persons who are elderly or have disabilities (under rental assistance programs, including those for persons who are elderly or have disabilities (under
58 24 C.F.R. §5.520. Congressional Research Service 11 Noncitizen Eligibility for Federal Housing Programs the Section 202 and Section 811 programs), the Section 202 and Section 811 programs), 6059 are not covered by Section 214 even though they are not covered by Section 214 even though they
are structural y similar to rental assistance programs that are structural y similar to rental assistance programs that are covered under it (such as Section 8 covered under it (such as Section 8
project-based rental assistance).project-based rental assistance).6160 Other HUD programs are significantly different from the Other HUD programs are significantly different from the
Section 214-covered programs in that they provide grants to states, localities, and nonprofits for Section 214-covered programs in that they provide grants to states, localities, and nonprofits for
various housing and related activities; these include, among others, the Community Development various housing and related activities; these include, among others, the Community Development
Block Grant (CDBG) Block Grant (CDBG) ~~program62~~program61 and the HOME Investment Partnerships program. and the HOME Investment Partnerships program.6362
The extent to which PRWORA restrictions on noncitizen eligibility apply to HUD programs not The extent to which PRWORA restrictions on noncitizen eligibility apply to HUD programs not
covered by Section 214 is unclear. HUD has not issued guidance defining which types of covered by Section 214 is unclear. HUD has not issued guidance defining which types of
assistance under these programs are federal public benefits and thus subject to PRWORA’s assistance under these programs are federal public benefits and thus subject to PRWORA’s
noncitizen eligibility restrictions. noncitizen eligibility restrictions.6463
If these programs provide federal public benefits triggering PRWORA restrictions, then If these programs provide federal public benefits triggering PRWORA restrictions, then
nonqualified aliens (e.g., unauthorized aliens) would not be legal y eligible for assistance. nonqualified aliens (e.g., unauthorized aliens) would not be legal y eligible for assistance.6564
However, as noted earlier in this report, nonprofit charitable organizations are not required to However, as noted earlier in this report, nonprofit charitable organizations are not required to
verify immigration status under PRWORA. Thus, even if PRWORA is determined to apply to verify immigration status under PRWORA. Thus, even if PRWORA is determined to apply to
benefits under these programs, beneficiaries’ citizenship or immigration status is not required to be verified for assistance that is provided by charitable organizations. HUD Homeless Assistance Programs Additional considerations apply to HUD homeless assistance programs, including the Emergency Solutions Grants (ESG) program, the Continuum of Care (CoC) program, and the Housing Opportunities for Persons with AIDS (HOPWA) program.65 These programs fund various forms of housing assistance and related supports for persons who are homeless, including emergency shelter, transitional housing, short-term rental assistance, and permanent supportive housing. As noted previously, PRWORA contains an exception al owing nonqualified aliens access to emergency programs. The exception applies if the benefit provided meets three requirements: 1. it is an in-kind benefit provided through public or private nonprofit organizations, 2. it is not conditioned on a client’s income or resources, and 3. it is necessary for the protection of life and safety. As is the case with the other housing assistance and grant programs, HUD has not issued regulations to clarify whether HUD homeless assistance programs are considered federal public 59
60 For more information about these programs, see CRS Report RL33508, For more information about these programs, see CRS Report RL33508, Section 202 and Other HUD Rental Housing
Program s for Low-Incom e Elderly Residents and CRS Report RL34728, and CRS Report RL34728, Section 811 and Other HUD Housing
Program s for Persons with Disabilities. .
61 60 Some older Section 202 direct loan properties may have Section 8 project -based rental assistance (a Section 214- Some older Section 202 direct loan properties may have Section 8 project -based rental assistance (a Section 214-
covered program) attached to some or all of their units. T enants living in units with Section 8 project -based rental covered program) attached to some or all of their units. T enants living in units with Section 8 project -based rental
assistance are subject to that program’s requirements.assistance are subject to that program’s requirements.
62 61 For more information, see CRS Report R43520, For more information, see CRS Report R43520, Community Development Block Grants and Related Programs: A
Prim er. .
63 62 For more information, see CRS Report R40118, For more information, see CRS Report R40118, An Overview of the HOME Investment Partnerships Program . .
6463 T he exception is the Lead Hazard Control program. T he comments section of a Department of Justice Attorney T he exception is the Lead Hazard Control program. T he comments section of a Department of Justice Attorney
General Final Order (66 General Final Order (66 Federal Register 3615) issued in 2001 notes that HUD had determined that benefits under the r 3615) issued in 2001 notes that HUD had determined that benefits under the
Lead Hazard Control Program were not federal public benefits within the meaning of PRWORA.Lead Hazard Control Program were not federal public benefits within the meaning of PRWORA.
65 64 Except for exempted activities, such as emergency shelter, as discussed earlier in this report. 65 For more information, see CRS Report RL33764, The HUD Homeless Assistance Grants: Programs Authorized by the HEARTH Act; and CRS Report RL34318, Housing for Persons Living with HIV/AIDS . Congressional Research Service 12 Noncitizen Eligibility for Federal Housing Programs benefits and therefore subject to PRWORA’s noncitizen eligibility restrictions. However, in 2016 ~~Except for exempted activities, such as emergency shelter, as discussed earlier in this report .~~
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~~Noncitizen Eligibility for Federal Housing Programs~~

~~benefits under these programs, beneficiaries’ citizenship or immigration status is not required to~~
~~be verified for assistance that is provided by charitable organizations.~~
~~HUD Homeless Assistance Programs~~
~~Additional considerations apply to HUD homeless assistance programs, including the Emergency~~
~~Solutions Grants (ESG) program, the Continuum of Care (CoC) program, and the Housing~~
~~Opportunities for Persons with AIDS (HOPWA) program.66 These programs fund various forms~~
~~of housing assistance and related supports for persons who are homeless, including emergency~~
~~shelter, transitional housing, short-term rental assistance, and permanent supportive housing.~~
~~As noted previously, PRWORA contains an exception al owing nonqualified aliens access to~~
~~emergency programs. The exception applies if the benefit provided meets three requirements:~~
~~1. it is an in-kind benefit provided through public or private nonprofit organizations,~~
~~2. it is not conditioned on a client’s income or resources, and~~
~~3. it is necessary for the protection of life and safety.~~
~~As is the case with the other housing assistance and grant programs, HUD has not issued~~
~~regulations to clarify whether HUD homeless assistance programs are considered federal public~~
~~benefits and therefore subject to PRWORA’s noncitizen eligibility restrictions. However, in 2016~~
HUD, the Department of Justice, and the Department of Health and Human Services issued a HUD, the Department of Justice, and the Department of Health and Human Services issued a
joint letter regarding the PRWORA life and safety exception’s applicability to homeless joint letter regarding the PRWORA life and safety exception’s applicability to homeless
assistance.assistance.6766 This guidance clarifies that certain activities funded through ESG and CoC are This guidance clarifies that certain activities funded through ESG and CoC are
covered under PRWORA’s life and safety exception: covered under PRWORA’s life and safety exception:
 Street Outreach Services,  Street Outreach Services,
 Emergency Shelter,  Emergency Shelter,
 Safe Haven,  Safe Haven,
 Rapid Rehousing, and  Rapid Rehousing, and
 Transitional Housing (in some cases).  Transitional Housing (in some cases).
HUD has determined that transitional housing meets the exception only when the recipient (or HUD has determined that transitional housing meets the exception only when the recipient (or
subrecipient) of a HUD grant owns or leases the building used to provide the transitional housing. subrecipient) of a HUD grant owns or leases the building used to provide the transitional housing.
When a transitional housing program uses rental assistance payments on behalf of program When a transitional housing program uses rental assistance payments on behalf of program
participants, HUD has determined the assistance is based on tenant income and therefore does not participants, HUD has determined the assistance is based on tenant income and therefore does not
qualify for exemption. However, the letter reminds recipients that PRWORAqualify for exemption. However, the letter reminds recipients that PRWORA does not require does not require
nonprofit charitable organizations to verify the immigration status of recipients. nonprofit charitable organizations to verify the immigration status of recipients.
In 2017, HUD’s Office of Inspector General issued a memorandum noting the lack of guidance In 2017, HUD’s Office of Inspector General issued a memorandum noting the lack of guidance
regarding the applicability of PRWORA to HOPWA and other HUD programs. The memorandum regarding the applicability of PRWORA to HOPWA and other HUD programs. The memorandum
recommended HUD issue clarification regarding whether its programs are considered federal recommended HUD issue clarification regarding whether its programs are considered federal

~~66 For more information, see CRS Report RL33764,~~ ~~The HUD Homeless Assistance Grants: Programs Authorized by~~
~~the HEARTH Act; and CRS Report RL34318, Housing for Persons Living with HIV/AIDS.~~
~~67 Letter from Loretta E. Lynch, Attorney General of the United States, Sylvia M. Burwell, Secretary of Health and~~
~~Human Services, and Julian Castro, Secretary of Housing and Urban Development, to Recipients of Fede ral Financial~~
~~Assistance, August 5, 2016, available at https://files.hudexchange.info/resources/documents/HUD-HHS-DOJ-Letter-~~
~~Regarding-Immigrant -Access-to-Housing-and-Services.pdf. In addition to the letter, HUD issued a fact sheet, available~~
~~at https://files.hudexchange.info/resources/documents/PRWORA-Fact -Sheet.pdf.~~
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~~public benefits and, if they are, whether they meet the criteria for exemption from PRWORA.68~~ public benefits and, if they are, whether they meet the criteria for exemption from PRWORA.67
As of the date of this report, HUD has not done so. As of the date of this report, HUD has not done so.
Non-Section 214 USDA Rural Rental Housing Programs
USDA’s RHS administers several rental housing programs. Two of those programs—Rural USDA’s RHS administers several rental housing programs. Two of those programs—Rural
Rental Assistance (Section 521) and the Rural Development Voucher Program (Section 542)—are Rental Assistance (Section 521) and the Rural Development Voucher Program (Section 542)—are
covered by the noncitizen eligibility restrictions of Section 214 (and were discussed previously in covered by the noncitizen eligibility restrictions of Section 214 (and were discussed previously in
this report). The other programs—Farm Labor Housing Loans and Grants (Section 514 and this report). The other programs—Farm Labor Housing Loans and Grants (Section 514 and
Section 516), Rural Rental Housing Loans (Section 515), and Multifamily Guaranteed Loans Section 516), Rural Rental Housing Loans (Section 515), and Multifamily Guaranteed Loans
(Section 538)—each have different noncitizen restrictions. (Section 538)—each have different noncitizen restrictions.
Farm Labor Housing (Section 514 and Section 516): The Farm Labor Housing programs The Farm Labor Housing programs
provide grants and loans for the development of rental housing for domestic farm laborers, either provide grants and loans for the development of rental housing for domestic farm laborers, either
on or off farm property. In order to be eligible to reside in Farm Labor Housing, the head of on or off farm property. In order to be eligible to reside in Farm Labor Housing, the head of
household must be a household must be a domestic farmworker. The law that governs the program defines a . The law that governs the program defines a domestic
farmworker to include only those who are U.S. citizens, LPRs, or (since 2018) legal y authorized to include only those who are U.S. citizens, LPRs, or (since 2018) legal y authorized
to work in agriculture (i.e., H2A visa holders). However, if a Farm Labor Housing program to work in agriculture (i.e., H2A visa holders). However, if a Farm Labor Housing program
subsidized unit is also receiving rental assistance under Section 521, then the occupant of the unit subsidized unit is also receiving rental assistance under Section 521, then the occupant of the unit
66 Letter from Loretta E. Lynch, Attorney General of the United States, Sylvia M. Burwell, Secretary of Health and Human Services, and Julian Castro, Secretary of Housing and Urban Development, to Recipients of Federal Financial Assistance, August 5, 2016, available at https://files.hudexchange.info/resources/documents/HUD-HHS-DOJ-Letter-Regarding-Immigrant -Access-to-Housing-and-Services.pdf. In addition to the letter, HUD issued a fact sheet, available at https://files.hudexchange.info/resources/documents/PRWORA-Fact -Sheet.pdf. 67 Christeen T homas, Director, Joint Civil Fraud Division, HUD Needs to Clarify Whether Illegal-Undocumented Aliens Are Eligible for Assistance Under the Housing Opportunities for Persons With AIDS Program, HUD Office of Inspector General, Memorandum No: 2017 -CF-0801, Kansas City, KS, August 21, 2017, https://www.hudoig.gov/sites/default/files/documents/2017-CF-0801.pdf. Congressional Research Service 13 link to page 13 link to page 13 Noncitizen Eligibility for Federal Housing Programs is also subject to Section 521 eligibility restrictions (discussed previously in the is also subject to Section 521 eligibility restrictions (discussed previously in the “Section 214-
Covered Programs” section). ” section).
Rural Rental Housing Loans (Section 515): The Section 515 program provides direct federal The Section 515 program provides direct federal
loans to fund the construction or rehabilitation of below-market rental housing for low-income loans to fund the construction or rehabilitation of below-market rental housing for low-income
residents in rural areas. The program is not covered under Section 214 and USDA has not residents in rural areas. The program is not covered under Section 214 and USDA has not
clarified whether the program is considered to provide a federal public benefit under PRWORA. clarified whether the program is considered to provide a federal public benefit under PRWORA.
In late 2004, USDA issued interim final regulations for most of its rental housing programs. In late 2004, USDA issued interim final regulations for most of its rental housing programs. 69
68 These “reinvention” regulations proposed, for the first time, to implement noncitizen restrictions These “reinvention” regulations proposed, for the first time, to implement noncitizen restrictions
in the Section 515 program that were modeled after those applicable to Section 214-covered in the Section 515 program that were modeled after those applicable to Section 214-covered
programs. The rule was scheduled to take effect in 2005, but USDA published a second interim programs. The rule was scheduled to take effect in 2005, but USDA published a second interim
notice indefinitely delaying the application of noncitizen restrictions to the Section 515 program notice indefinitely delaying the application of noncitizen restrictions to the Section 515 program
before they took effect.before they took effect.7069 In that suspension notice, USDA noted that comments received In that suspension notice, USDA noted that comments received
“suggested that Agency procedures unnecessarily imposed more requirements” than those “suggested that Agency procedures unnecessarily imposed more requirements” than those
required under HUD programs and that the agency intended to “harmonize its procedures with required under HUD programs and that the agency intended to “harmonize its procedures with
HUD.”HUD.”7170 As of the date of this report, no additional rulemaking has taken place. Thus, there are As of the date of this report, no additional rulemaking has taken place. Thus, there are
no current noncitizen restrictions on occupancy in Section 515 units. However, if a Section 515 no current noncitizen restrictions on occupancy in Section 515 units. However, if a Section 515
unit is also receiving rental assistance under Section 521, the more restrictive Section 521 unit is also receiving rental assistance under Section 521, the more restrictive Section 521
noncitizen eligibility criteria are in effect. noncitizen eligibility criteria are in effect.72

~~68 Christeen T homas, Director, Joint Civil Fraud Division, HUD Needs to Clarify Whether Illegal-Undocumented~~
~~Aliens Are Eligible for Assistance Under the Housing Opportunities for Persons With AIDS Program, HUD Of fice of~~
~~Inspector General, Memorandum No: 2017 -CF-0801, Kansas City, KS, August 21, 2017, https://www.hudoig.gov/~~
~~sites/default/files/documents/2017-CF-0801.pdf.~~
6971 Multifamily Guaranteed Loan Program (Section 538). The Section 538 program al ows USDA to guarantee loans for certain multifamily housing properties in rural areas. Occupancy in Section 538 properties is restricted to qualified aliens, defined in USDA regulations as those eligible under Section 214.72 Low Income Housing Tax Credits The Low Income Housing Tax Credit (LIHTC) program, administered by the Internal Revenue Service (IRS), provides per capita federal tax credit al ocations to states, which in turn al ocate those credits to developers of affordable rental housing for lower-income individuals and families.73 The law authorizing the program does not address noncitizen eligibility for tenancy in LIHTC-funded housing developments, nor do the program’s implementing regulations or guidance. Thus, there are no current federal noncitizen eligibility restrictions for LIHTC units.74 68 U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516, and 521 Multi-Family Housing U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516, and 521 Multi-Family Housing
Programs,” 69Programs,” 69 Federal Register 69032, November 26, 2004, available at: https://www.federalregister.gov/documents/ 69032, November 26, 2004, available at: https://www.federalregister.gov/documents/
2004/11/26/04-25599/reinvention-of-the-sections-514-515-516-and-521-multi-family-housing-programs. 2004/11/26/04-25599/reinvention-of-the-sections-514-515-516-and-521-multi-family-housing-programs.
7069 U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516 and 521 Multi-Family Housing U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516 and 521 Multi-Family Housing
Programs: Interim final rule; delay of effective date,” 70Programs: Interim final rule; delay of effective date,” 70 Federal Register 8503, February 22, 2005, available at 8503, February 22, 2005, available at
https://www.govinfo.gov/content/pkg/FR-2005-02-22/pdf/05-3226.pdf. https://www.govinfo.gov/content/pkg/FR-2005-02-22/pdf/05-3226.pdf.
7170 Ibid. See “Summary.” Ibid. See “Summary.”
7271 Some older Section 515 properties may have Section 8 project -based rental assistance (a Section 214-covered Some older Section 515 properties may have Section 8 project -based rental assistance (a Section 214-covered
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Multifamily Guaranteed Loan Program (Section 538). The Section 538 program al ows USDA
~~to guarantee loans for certain multifamily housing properties in rural areas. Occupancy in Section~~
~~538 properties is restricted to qualified aliens, defined in USDA regulations as those eligible~~
~~under Section 214.73~~
~~Low Income Housing Tax Credits~~
~~The Low Income Housing Tax Credit (LIHTC) program, administered by the Internal Revenue~~
~~Service (IRS), provides per capita federal tax credit al ocations to states, which in turn al ocate~~
~~those credits to developers of affordable rental housing for lower-income individuals and~~
~~families.74 The law authorizing the program does not address noncitizen eligibility for tenancy in~~
~~LIHTC-funded housing developments, nor do the program’s implementing regulations or~~
~~guidance. Thus, there are no current federal noncitizen eligibility restrictions for LIHTC units.75~~program) attached to some or all of their units. T enants living in units with Section 8 project -based rental assistance are subject to that program’s requirements. 72 U.S. Department of Agriculture (USDA), “Guaranteed Rural Rental Housing Program: Interim Final Rule with Request for Comments,” 63 Federal Register 39452 et seq., July 22, 1998, https://www.govinfo.gov/content/pkg/FR-1998-07-22/pdf/98-19558.pdf. 73 For more information, see CRS Report RS22389, An Introduction to the Low-Income Housing Tax Credit. 74 While there are no federal restrictions related to noncitizen eligibility, individual LIT HC property owners and managers may elect to require that tenants provide proof of legal residency in the United States, as long as they do so uniformly and without violation of the Fair Housing Act . See “ IRS Publication Guide for Completing Form 8823, Low- Congressional Research Service 14 Noncitizen Eligibility for Federal Housing Programs
However, many LIHTC developments are financed or otherwise assisted by other federal housing However, many LIHTC developments are financed or otherwise assisted by other federal housing
programs. For example, LIHTCs may be used to help finance the redevelopment of public programs. For example, LIHTCs may be used to help finance the redevelopment of public
housing or properties with project-based rental assistance; HOME or CDBG grants may be part of housing or properties with project-based rental assistance; HOME or CDBG grants may be part of
a LIHTC development’s financing package; and/or Housing Choice Vouchers may be used in a LIHTC development’s financing package; and/or Housing Choice Vouchers may be used in
LIHTC units. Noncitizen restrictions applicable to any other assistance is applicable to LIHTC LIHTC units. Noncitizen restrictions applicable to any other assistance is applicable to LIHTC
units receiving that assistance. units receiving that assistance.
Single-Family Mortgage Insurance Programs
The federal government supports a number of single-family mortgage insurance or guarantee The federal government supports a number of single-family mortgage insurance or guarantee
programs. These programs al ow the government to insure or guarantee single-family mortgage programs. These programs al ow the government to insure or guarantee single-family mortgage
loans made by lenders to qualified borrowers. The guarantees protect the lender against possible loans made by lenders to qualified borrowers. The guarantees protect the lender against possible
future losses associated with a borrower’s default. Each of the single-family guaranteed loan future losses associated with a borrower’s default. Each of the single-family guaranteed loan
programs has different requirements for noncitizen eligibility. programs has different requirements for noncitizen eligibility.
FHA loans. The Federal Housing Administration (FHA) at HUD The Federal Housing Administration (FHA) at HUD insures certain single-family insures certain single-family
mortgages offered through private lenders.mortgages offered through private lenders.7675 While no statute or regulations address noncitizen While no statute or regulations address noncitizen
eligibility for FHA-insured single-family loans, guidance in FHA’s Single-Family Housing eligibility for FHA-insured single-family loans, guidance in FHA’s Single-Family Housing
Policy Policy ~~Handbook77~~Handbook76 states that only lawful permanent resident aliens and “non-permanent resident states that only lawful permanent resident aliens and “non-permanent resident
aliens”aliens”7877 are eligible to receive an FHA-insured loan and that “non-U.S. Citizens without lawful residency in the U.S. are not eligible.” There was some debate about the extent to which recipients of deferred action (DACA) were eligible for FHA-insured loans, but FHA has since stated that DACA recipients are not currently, and never technical y were, eligible for FHA- insured loans.78 RHS loans. RHS offers a Rural Housing guaranteed single-family loan product (Section 502(h)) for eligible borrowers in rural areas. (It also offers the Section 502 Direct Loan program, which is covered under Section 214, as discussed earlier in this report.) USDA regulations require that a Section 502 guaranteed loan borrower be a U.S. citizen or qualified alien.79 The regulations define qualified alien by referencing the definition under PRWORA. VA loans. VA home loan programs do not include requirements directly related to immigration status. Instead, eligibility for VA loans is tied to veteran status, which is based on military service. General y, only U.S. nationals, FAS citizens, and legal permanent residents are eligible to enlist in the U.S. military.80 ~~are eligible to receive an FHA-insured loan and that “non-U.S. Citizens without lawful~~

~~program) attached to some or all of their units. T enants living in units with Section 8 project -based rental assistance are~~
~~subject to that program’s requirements.~~
~~73 U.S. Department of Agriculture (USDA), “Guaranteed Rural Rental Housing Program: Interim Final Rule with~~
~~Request for Comments,” 63 Federal Register 39452 et seq., July 22, 1998, https://www.govinfo.gov/content/pkg/FR-~~
~~1998-07-22/pdf/98-19558.pdf.~~
~~74 For more information, see CRS Report RS22389, An Introduction to the Low-Income Housing Tax Credit.~~
~~75 While there are no federal restrictions related to noncitizen eligibility, individual LIT HC property owners and~~
~~managers may elect to require that tenants provide proof of legal residency in the United States, as long as they do so~~
~~uniformly and without violation of the Fair Housing Act . See “ IRS Publication Guide for Completing Form 8823, Low-~~
Income Housing Credit Agencies Report of Noncompliance or Building Disposition, ” available at https://www.irs.gov/Income Housing Credit Agencies Report of Noncompliance or Building Disposition, ” available at https://www.irs.gov/
pub/irs-utl/lihc-form8823guide.pdf. pub/irs-utl/lihc-form8823guide.pdf.
7675 For more information, see CRS Report RS20530, For more information, see CRS Report RS20530, FHA-Insured Home Loans: An Overview. .
7776 FHA Single-Family Housing Policy Handbook 4000.1, Section II.A.1.b.ii.(A)(9). https://www.hud.gov/sites/ FHA Single-Family Housing Policy Handbook 4000.1, Section II.A.1.b.ii.(A)(9). https://www.hud.gov/sites/
documents/40001HSGH.PDF. documents/40001HSGH.PDF.
78 77 T he term T he term non-permanent resident alien is not explicitly defined in the handbook. It states that “non-U.S. Citizens is not explicitly defined in the handbook. It states that “non-U.S. Citizens
without lawful residency in the U.S. are not eligible” and that without lawful residency in the U.S. are not eligible” and that non-permanent resident aliens may be eligible if they may be eligible if they
have a valid Social Security Number (or are employed by the World Bank, an embassy, or equivalent) and if they are have a valid Social Security Number (or are employed by the World Bank, an embassy, or equivalent) and if they are
~~Congressional Research Service~~
15

~~link to page 21~~ ~~Noncitizen Eligibility for Federal Housing Programs~~

~~residency in the U.S. are not eligible.” There was some debate about the extent to which~~
~~recipients of deferred action (DACA) were eligible for FHA-insured loans, but FHA has since~~
~~stated that DACA recipients are not currently, and never technical y were, eligible for FHA-~~
~~insured loans.79~~
RHS loans. RHS offers a Rural Housing guaranteed single-family loan product (Section 502(h))
~~for eligible borrowers in rural areas. (It also offers the Section 502 Direct Loan program, which is~~
~~covered under Section 214, as discussed earlier in this report.) USDA regulations require that a~~
~~Section 502 guaranteed loan borrower be a U.S. citizen or qualified alien.80 The regulations~~
~~define qualified alien by referencing the definition under PRWORA.~~
VA loans. VA home loan programs do not include requirements directly related to immigration
~~status. Instead, eligibility for VA loans is tied to veteran status, which is based on military service.~~
~~General y, only U.S. nationals, FAS citizens, and legal permanent residents are eligible to enlist in~~
~~the U.S. military.81~~
eligible to work in the United States (including refugees and asylees). Ibid, p. 134. 78 See Letter from Len Wolfson, Assistant Secretary for Congressional and Intergovernmental Affairs, to Representative Aguilar, June 11, 2019, available at https://www.ncsha.org/resource/hud-letter-on-daca-fha-mortgage-eligibility/. 79 7 C.F.R. §3555.151(b) 80 See 10 U.S.C §504(b). T he law allows for those who do not meet these requirements to enlist under certain circumstances, and those that do enlist are then offered a pathway to citizenship. However, this authority is not currently in use. For more information, see CRS In Focus IF10884, Expedited Citizenship through Military Service. Congressional Research Service 15 link to page 20 link to page 20 link to page 20 link to page 20 link to page 20 link to page 20 Noncitizen Eligibility for Federal Housing Programs Table 2. Noncitizen Eligibility for Housing Programs
Relevant Statute,
Regulations, or
Programs
Guidance
Noncitizen Eligibility
Section 214-Covered Programs
HUD: HUD:
42 U.S.C. §1437a 42 U.S.C. §1437a
Section 214-eligible noncitizens are Section 214-eligible noncitizens are
 
eligible for assistance. Mixed-status eligible for assistance. Mixed-status

Public Housing Public Housing
24 C.F.R. §5.500 Subpart 24 C.F.R. §5.500 Subpart
families receive prorated/reduced families receive prorated/reduced
 
E E

Housing Choice Vouchers Housing Choice Vouchers
benefits. benefits.
 
Section 8 project-based rental Section 8 project-based rental
assistance assistance
USDA: USDA:
42 U.S.C. §1437a 42 U.S.C. §1437a
Section 214-eligible noncitizens are Section 214-eligible noncitizens are
 
~~eligible for assistance. Eligibility is~~

~~Rural Rental Assistance (Section 521)~~
~~7 C.F.R. §§3560.254(c)(3)~~
Rural Rental Assistance 7 C.F.R. §§3560.254(c)(3) eligible for assistance. Eligibility is (Section 521) and 3560.11 and 3560.11
determined only for the head of determined only for the head of
household; no proration of benefits household; no proration of benefits

for mixed-status families. for mixed-status families.
 
Rural Development Voucher Program Rural Development Voucher Program
Federal Register Notice Noticesa
Section 214-eligible noncitizens are Section 214-eligible noncitizens are
(Section 542) (Section 542)
eligible for assistance. Eligibility is eligible for assistance. Eligibility is
determined only for the head of determined only for the head of
household; no proration of benefits household; no proration of benefits
for mixed-status families. for mixed-status families.
 
Single Family 502 Direct Loans and 504 42 U.S.C. §1436a Single Family 502 Direct Loans and 504 42 U.S.C. §1436a
Section 214-eligible noncitizens are Section 214-eligible noncitizens are
Direct Loans and Grants Direct Loans and Grants
7 C.F.R. §§3550.53 and 7 C.F.R. §§3550.53 and
eligible for assistance. Eligibility is eligible for assistance. Eligibility is
3550.10 (Section 502) 3550.10 (Section 502)
determined only for the head of determined only for the head of
household; no proration of benefits household; no proration of benefits
7 C.F.R. §§3550.103(d) 7 C.F.R. §§3550.103(d)
for mixed-status families. for mixed-status families.
and 3550.10 (Section and 3550.10 (Section
504) 504)

~~eligible to work in the United States (including refugees and asylees). Ibid, p. 134.~~
~~79 See Letter from Len Wolfson, Assistant Secretary for Congressional and Intergovernmental Affairs, to~~
~~Representative Aguilar, June 11, 2019, available at https://www.ncsha.org/resource/hud-letter-on-daca-fha-mortgage-~~
~~eligibility/.~~
~~80 7 C.F.R. §3555.151(b)~~
~~81 See 10 U.S.C §504(b). T he law allows for those who do not meet these requirements to enlist under certain~~
~~circumstances, and those that do enlist are then offered a pathway to citizenship. However, this authority is not~~
~~currently in use. For more information, see CRS In Focus IF10884, Expedited Citizenship through Military Service.~~
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~~link to page 21 link to page 21 link to page 21 link to page 21 link to page 21 link to page 21 link to page 21~~ ~~Noncitizen Eligibility for Federal Housing Programs~~

~~Relevant Statute,~~
~~Regulations, or~~
~~Programs~~
~~Guidance~~
~~Noncitizen Eligibility~~
~~Non-Section 214 HUD Grant and Housing Assistance Programs~~
~~Section 202 and Section 811 Project~~ Non-Section 214 HUD Grant and Housing Assistance Programs Section 202 and Section 811 Project Rental Rental
No provisio No provisionb
No regulatory restrictions on No regulatory restrictions on
Assistance Assistance
noncitizen eligibility; no federal noncitizen eligibility; no federal
requirement for verification of status. requirement for verification of status.
HOME, Community Development Block HOME, Community Development Block
No provisio No provisionb
No regulatory restrictions on No regulatory restrictions on
Grants, other grant programs Grants, other grant programs
noncitizen eligibility; no federal noncitizen eligibility; no federal
requirement for verification of status. requirement for verification of status.
Homeless Programs (Emergency Solutions Homeless Programs (Emergency Solutions
No regulatory provision No regulatory provision,b
Specific activities identified as exempt Specific activities identified as exempt
Grants, Continuum of Care grants, and Grants, Continuum of Care grants, and
HUD joint letter and fact from PRWORA restrictions. No HUD joint letter and fact from PRWORA restrictions. No
HOPWA) HOPWA)
shee sheetc
federal requirement for verification of federal requirement for verification of
status. status.
Non-Section 214 USDA Rural Rental Housing Programs
Farm Labor Housing Farm Labor Housing ~~(Section 514 and 516)~~
42 U.S.C. §1484 and 42 42 U.S.C. §1484 and 42
LPRs and persons legal y authorized LPRs and persons legal y authorized
(Section 514 and 516) U.S.C. §1486 U.S.C. §1486
for work in agriculture (i.e., H2A visa for work in agriculture (i.e., H2A visa
7 C.F.R. §3560.624; 7 7 C.F.R. §3560.624; 7
holders) are eligible for assistance. holders) are eligible for assistance.
C.F.R. §3560.576; 7 C.F.R. §3560.576; 7
Eligibility only determined for head of Eligibility only determined for head of
C.F.R. §3560.11; and C.F.R. §3560.11; and
household; no proration of benefits household; no proration of benefits
USDA guidanc USDA guidancec
for mixed-status families. If a unit is for mixed-status families. If a unit is
receiving Section 521 assistance (a receiving Section 521 assistance (a
Section 214-covered program), Section 214-covered program),
Section 521 eligibility requirements Section 521 eligibility requirements
apply. apply.
~~Rural Rental Housing Loans (Section 515)~~
Congressional Research Service 16 link to page 20 link to page 20 link to page 20 link to page 18 Noncitizen Eligibility for Federal Housing Programs Relevant Statute, Regulations, or Programs Guidance Noncitizen Eligibility Rural Rental Housing Loans 7 C.F.R. §3560.152 7 C.F.R. §3560.152
No current regulatory restriction on No current regulatory restriction on
(Section 515) Regulation indefinitely Regulation indefinitely
noncitizen eligibility and no federal noncitizen eligibility and no federal
suspende suspendedd
requirement for verification of status. requirement for verification of status.
If a unit is receiving Section 521 or If a unit is receiving Section 521 or
Section 8 project-based rental Section 8 project-based rental
assistance (Section 214-covered assistance (Section 214-covered
programs), that program’s eligibility programs), that program’s eligibility
requirements apply. requirements apply.
Multi-Family Housing Loan Multi-Family Housing Loan ~~Guarantees~~
7 C.F.R. §§3565.202(b) 7 C.F.R. §§3565.202(b)
Tenant must be a Tenant must be a qualified alien, ,
Guarantees (Section 538) (Section 538)
and 3565.3 and 3565.3
defined using Section 214 eligibility. defined using Section 214 eligibility.
Other
Low Income Housing Tax Credit Low Income Housing Tax Credit ~~Program~~
No provision No provision
No federal noncitizen restrictions for No federal noncitizen restrictions for
Program (LIHTC) (LIHTC)
LIHTC properties. Units receiving LIHTC properties. Units receiving
other assistance are subject to those other assistance are subject to those
programs’ noncitizen restrictions. programs’ noncitizen restrictions.
Single-Family Mortgage Insurance Programs
HUD FHA Single-Family Loans HUD FHA Single-Family Loans
FHA Single Family FHA Single Family
LPRs and LPRs and non-permanent resident aliens
Housing Policy Housing Policy
(including refugees and asylees) are (including refugees and asylees) are
Handbook 4000.1 Handbook 4000.1
eligible borrowers eligible borrowers.e Those without Those without
lawful residency are not eligible. are not eligible.

USDA RHS 502(h) Guaranteed USDA RHS 502(h) Guaranteed ~~Loans~~
7 C.F.R. §§3555.151(b) 7 C.F.R. §§3555.151(b)
Applicant must be a Applicant must be a qualified alien, ,
Loans and 3555.10 and 3555.10
defined using PRWORA definition. defined using PRWORA definition.
~~Congressional Research Service~~
17

~~link to page 21 link to page 19~~ ~~Noncitizen Eligibility for Federal Housing Programs~~

~~Relevant Statute,~~
~~Regulations, or~~
~~Programs~~
~~Guidance~~
~~Noncitizen Eligibility~~
VA Home Loans VA Home Loans
No provision No provision
Eligibility based on veteran status, Eligibility based on veteran status,
which is based on military service. which is based on military service.
General y, only U.S. nationals, LPRs, General y, only U.S. nationals, LPRs,
and FAS citizens are eligible to enlistand FAS citizens are eligible to enlist.f
Source: Prepared by CRS. Prepared by CRS.
a. U.S. Department of Agriculture (USDA), “Rural Development Voucher Program: Notice,” 82a. U.S. Department of Agriculture (USDA), “Rural Development Voucher Program: Notice,” 82 Federal
Register 21972 et 21972 et. seq., May 11, 2017. seq., May 11, 2017.
b. Except as otherwise noted, HUD has not identified which of its programs provide federal public benefits b. Except as otherwise noted, HUD has not identified which of its programs provide federal public benefits
and are thus subject to PRWORA. HUD has not issued regulations to implement PRWORA’s noncitizen and are thus subject to PRWORA. HUD has not issued regulations to implement PRWORA’s noncitizen
restrictions for any of these programs. restrictions for any of these programs.
c. Letter from Loretta E. Lynch, Attorney General of the United States, Sylvia M. Burwel , Secretary of Health c. Letter from Loretta E. Lynch, Attorney General of the United States, Sylvia M. Burwel , Secretary of Health
and Human Services, and Julian Castro, Secretary of Housing and Urban Development, to Recipients of and Human Services, and Julian Castro, Secretary of Housing and Urban Development, to Recipients of
Federal Financial Assistance, August 5, 2016, available at https://files.hudexchange.info/resources/documents/Federal Financial Assistance, August 5, 2016, available at https://files.hudexchange.info/resources/documents/
HUD-HHS-DOJ-Letter-Regarding-Immigrant-Access-to-Housing-and-Services.pdf. USDA Rural HUD-HHS-DOJ-Letter-Regarding-Immigrant-Access-to-Housing-and-Services.pdf. USDA Rural
Development internal guidance, “Implementation of the Revised Definition of Domestic Farm Laborers for Development internal guidance, “Implementation of the Revised Definition of Domestic Farm Laborers for
Farm Labor Housing,” July 5, 2018, available at https://www.rd.usda.gov/files/RDUL-domestic.pdf. Farm Labor Housing,” July 5, 2018, available at https://www.rd.usda.gov/files/RDUL-domestic.pdf.
d. U.S. Department of Agriculture (USDA), d. U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516 and 521 Multi-Family “Reinvention of the Sections 514, 515, 516 and 521 Multi-Family
Housing Programs: Interim final rule; delay of effective date,” 70 Housing Programs: Interim final rule; delay of effective date,” 70 Federal Register 8503, February 22, 2005, 8503, February 22, 2005,
available at https://www.govinfo.gov/content/pkg/FR-2005-02-22/pdf/05-3226.pdf. available at https://www.govinfo.gov/content/pkg/FR-2005-02-22/pdf/05-3226.pdf.
e. See footnote 79. e. See footnote 79.
f. f.
See footnot See footnote ~~81.~~
~~Recent Administrative Actions~~
~~HUD Proposed Revision to Section 214 Regulations~~
~~On May 10, 2019, HUD released a proposed rule to revise its interpretation of Section 214 and~~
~~end eligibility for mixed-status families in Section 214-covered programs.82 Additional y, the rule~~
~~would establish new documentation requirements for citizens. In the preamble to the proposed~~
~~rule as published in the Federal Register, HUD contends that this policy change is consistent with~~
~~various executive orders issued by President Trump.83~~
~~Mixed-Status Families~~
~~Under HUD’s 2019 proposed rule, mixed-status families would be ineligible for assistance. The~~
~~only exception would be for certain households that were receiving assistance on the date the~~
~~current regulations took effect (June 19, 1995). Al other mixed-status households currently being~~
~~served would either have to remove ineligible household members to continue to rec eive~~
~~assistance (an option that would not be available for families with eligible children but no eligible~~
~~adults) or to move to unassisted housing, either voluntarily or by formal eviction. Program~~
~~administrators could continue assistance for mixed-status families for 6 to 18 months while~~
~~families seek new housing. No future mixed-status families would be eligible for assistance.~~

~~82 U.S. Department of Housing and Urban Development (HUD), “Amendments to Further Implement Provisions of the~~
~~Housing and Community Development Act of 1980,” 84 Federal Register 20589, May 10, 2019.~~
~~83 Ibid.~~80.
Congressional Research Service Congressional Research Service
1817 Noncitizen Eligibility for Federal Housing Programs Recent Administrative Actions Public Charge Under the Immigration and Nationality Act (INA), an alien may be denied admission into the United States or LPR status if he or she is “likely at any time to become a public charge” (8 U.S.C. §1182(a)(4)).81 The INA does not define the term public charge.82 Thus, the determination of whether an alien is inadmissible83 on public charge grounds turns largely on standards set forth in agency guidance materials.84 From 1999 to 2019, agency85 guidance defined public charge to mean a person who is or is likely to become primarily dependent on public cash assistance or government-funded institutionalization for long-term care.86 This definition was changed on August 15, 2019, when DHS

~~Noncitizen Eligibility for Federal Housing Programs~~

~~According to 2017 HUD data (as published in the economic analysis accompanying the rule and~~
~~analyzed by CRS) the programs covered by the regulation were serving more than 25,000 mixed-~~
~~status families consisting of more than 108,000 people. More than three-quarters of these~~
~~households were families with children, primarily households containing eligible children and~~
~~ineligible adult members. This included roughly 55,000 children who were U.S. citizens or had~~
~~eligible immigration status.~~
~~Mixed-status families make up a relatively smal share of the overal assistance caseload~~
~~national y, accounting for approximately 0.5% of al assisted households. However, mixed-status~~
~~families make up a more significant share of the caseloads of some PHAs administering Public~~
~~Housing and/or Housing Choice Vouchers. Based on CRS analysis of HUD data, mixed-status~~
~~families account for 10% or more of the caseload for approximately 40 PHAs, in some instances~~
~~accounting for more than one-third of al families served by the PHA. Geographical y, the largest~~
~~numbers of mixed-status families are in California, Texas, and New York.~~
~~Documentation Requirements for Citizens~~
~~As noted previously in this report, under current HUD regulations each applicant for housing~~
~~assistance must provide, for each member of the applicant household: (1) a declaration of U.S.~~
~~citizenship, signed under penalty of perjury; (2) a declaration of eligible immigration status,~~
~~signed under penalty of perjury, along with appropriate verification documentation; or (3) a~~
~~statement that the member does not contend to have eligible immigration status (thus making the~~
~~family a mixed-status family). The proposed rule would make changes to the first option by~~
~~requiring documentation of citizenship. Currently, program administrators may, but are not~~
~~required to, request citizenship documentation of applicants. Under the proposed rule, al current~~
~~and future citizen beneficiaries would have to provide proof of citizenship, such as a birth~~
~~certificate, passport, or other documentation deemed acceptable by HUD, as established in future~~
~~guidance. The vast majority of the roughly 9.6 mil ion people receiving assistance under the~~
~~Section 214-covered programs are citizens who would be subject to this requirement.~~
~~Economic Analysis and Current Status~~
~~HUD’s economic analysis84 found that the proposed rule would increase subsidy costs by roughly~~
~~$200 mil ion annual y, as mixed-status families receiving a reduced benefit would be replaced by~~
~~families receiving full benefits. However, in a limited funding environment this would likely~~
~~result in fewer families being served overal or a decrease in the quality of the housing provided.~~
~~Additional y, turnover in housing programs can be costly for program administrators. These costs~~
~~can include the court-related expenses related to formal evictions, cleaning and repairs to prepare~~
~~a unit for new occupants, and/or the costs of processing new applicants for assistance. HUD notes~~
~~that these costs may be sizeable. In addition, HUD estimated that displaced mixed-status families~~
~~would bear moving costs of approximately $500 each and further noted that some families may~~
~~face homelessness as a result of the rule change. The agency did not quantify that impact, but~~
~~noted that researchers estimate that the costs of homelessness borne by society can exceed~~
~~$20,000 per homeless person annual y.~~
~~The potential administrative or other program costs of the new documentation requirement are~~
~~not contemplated in HUD’s economic analysis of the proposed rule. A 2007 Government~~
~~Accountability Office report assessed the implications of citizenship documentation requirements~~

~~84 Regulatory Impact Analysis 6124-P-01 Housing and Community Development of 1980 Verification of Eligible~~
~~Status RIA 5.8.19, available at https://beta.regulations.gov/document/HUD-2019-0044-0002.~~
~~Congressional Research Service~~
19

~~Noncitizen Eligibility for Federal Housing Programs~~

~~added to the Medicaid program and found that such requirements appeared to increase~~
~~administrative costs of the program and served as a barrier to program enrollment or resulted in~~
~~loss of benefits for otherwise eligible citizens.85~~
~~The proposed rule received over 30,000 comments. Commentators raised concerns about~~
~~administrative burdens and impacts on families, as wel as the possibility of legal chal enges~~
~~under the Fair Housing Act and the Administrative Procedures Act. As of the date of this report,~~
~~the proposed rule had not been finalized.~~
~~Public Charge~~
~~Under the Immigration and Nationality Act (INA), an alien may be denied admission into the~~
~~United States or LPR status if he or she is “likely at any time to become a public charge” (8~~
~~U.S.C. §1182(a)(4)).86 The INA does not define the term public charge.87 Thus, the determination~~
~~of whether an alien is inadmissible88 on public charge grounds turns largely on standards set forth~~
~~in agency guidance materials.89~~
~~On August 15, 2019, the Department of Homeland Security (DHS) published a final rule that~~
~~defines~~ published a final rule that defined public charge as someone “more likely than not at any time in the future to receive one or as someone “more likely than not at any time in the future to receive one or
more public benefits ... for more than 12 months within any 36-month period.”more public benefits ... for more than 12 months within any 36-month period.”9087 This rule This rule
also expanded the list of public benefits considered in public charge expanded the list of public benefits considered in public charge determinations to include nine determinations to include nine
programs, including three housing programs: programs, including three housing programs: (1) Section 8 project-based rental assistance, Section 8 project-based rental assistance, (2) the ~~the~~
Housing Choice Vouchers, and Housing Choice Vouchers, and (3) Public Housing. 88 There were multiple lawsuits chal enging the Public Charge Final Rule, and DHS decided not to defend the rule on appeal. 89 Thus, on March 9, 2021, the agency reverted back to the 1999 definition.90 81~~Public Housing. 91~~
~~Numerous commenters raised concerns that this rule could have a “chil ing effect” on the use of~~
~~housing benefits by both individuals subject to the rule and those who are not.92 According to~~
~~DHS’s economic analysis, this rule wil lead to over 14,500 households with at least one foreign-~~
~~born noncitizen disenrolling or foregoing enrollment in one of the three specified housing~~
~~programs.93 Furthermore, according to DHS’s regulatory impact analysis, that wil lead to~~

~~85 U.S. Government Accountability Office (GAO), States Reported T hat Citizenship Documentation Requirement~~
~~Resulted in Enrollment Declines for Eligible Citizens and Posed Administrative Burdens, GAO -07-889, June 2007,~~
~~https://www.gao.gov/new.items/d07889.pdf.~~
86 An admitted alien may also be subject to removal from the United States based on a separate public charge ground of An admitted alien may also be subject to removal from the United States based on a separate public charge ground of
deportability, but this is rarely employed. deportability, but this is rarely employed.
8782 For more information on the public charge, see CRS In Focus IF11467, For more information on the public charge, see CRS In Focus IF11467, Immigration: Public Charge. .
8883 “Aliens who are inadmissible ... are ineligible to receive visas and ineligible to be admitted to the United States” (8 “Aliens who are inadmissible ... are ineligible to receive visas and ineligible to be admitted to the United States” (8
U.S.C. §1182). A noncitizen can be deemed inadmissible for health, security, public charge, and criminal-related U.S.C. §1182). A noncitizen can be deemed inadmissible for health, security, public charge, and criminal-related
grounds, among others. grounds, among others.
8984 T he Department of Homeland Security and the Department of State have primary responsibility for implementing the T he Department of Homeland Security and the Department of State have primary responsibility for implementing the
public charge ground of inadmissibility. public charge ground of inadmissibility.
9085 Formerly the Department of Justice’s Immigration and Naturalizat ion Service, now the Depart ment of Homeland Security (DHS). DHS, established in 2002, includes the agencies that are currently responsible for most federal immigration functions. 86 DOJ, Immigration and Naturalization Service, “Field Guidance on Deportability and Inadmissibility on Public Charge Grounds,” 64 Federal Register 28689, March 26, 1999, at https://www.govinfo.gov/content/pkg/FR-1999-05-26/pdf/99-13202.pdf. 87 Benefits received by certain groups, such as members of the U.S. Armed Forces and their spouses and children, do Benefits received by certain groups, such as members of the U.S. Armed Forces and their spouses and children, do
not count as public benefits under the regulations. Additionally, DHS is to consider only benefits directly received by not count as public benefits under the regulations. Additionally, DHS is to consider only benefits directly received by
the alien for the alien’s own benefit; it is not to consider benefits received by a legal guardian on behalf of another (e.g., the alien for the alien’s own benefit; it is not to consider benefits received by a legal guardian on behalf of another (e.g.,
a U.S. citizen child). a U.S. citizen child).
91 88 T he other six programs are Supplemental Security Income (SSI), T emporary Assistance for Needy Families (T ANF), T he other six programs are Supplemental Security Income (SSI), T emporary Assistance for Needy Families (T ANF),
state general assistance, benefits provided for institutionalized long-term care, the Supplemental Nutrition Assistance state general assistance, benefits provided for institutionalized long-term care, the Supplemental Nutrition Assistance
Program (SNAP), and Medicaid (with exceptions). Program (SNAP), and Medicaid (with exceptions).
~~92 U.S. Department of Homeland Security (DHS), “Inadmissibility on Public Ch arge Grounds,” 84 Federal Register,~~
~~August 14, 2019, p. 41310.~~
~~93 U.S. Department of Homeland Security (DHS),~~ ~~Proposed Rule: Inadmissibility on Public Charge Grounds:~~
~~Econom ic Analysis Supplem ental Information for Analysis of Public Benefits Program s, August 2019, p. 7.~~
~~Congressional Research Service~~
20

~~Noncitizen Eligibility for Federal Housing Programs~~

~~increased housing instability.94 Commenters also raised concerns that this rule could lead to~~
~~increased homelessness as wel .95 DHS asserted that the rule upholds the American value of self-~~
~~sufficiency and ensures that the availability of public benefits wil not incentivize immigration to~~
~~the United States.96~~

~~Author Information~~

~~Maggie McCarty~~
~~Abigail F. Kolker~~
~~Specialist in Housing Policy~~
~~Analyst in Immigration Policy~~

89 For more information, see DHS, USCIS, “ Inadmissibility on Public Charge Grounds Final Rule: Litigation,” at https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/inadmissibility-on-public-charge-grounds-final-rule-litigation. 90 For more information, see CRS Congressional Distribution Memorandum, Trump Administration Actions on the Treatm ent of Noncitizens Related to Federal Housing Assistance, available to congressional clients from the authors upon request. Congressional Research Service 18 Noncitizen Eligibility for Federal Housing Programs Proposed Revisions to Section 214 Regulations On May 10, 2019, HUD released a proposed rule to revise its interpretation of Section 214 and end eligibility for mixed-status families in Section 214-covered programs.91 Additional y, the rule would have established new documentation requirements for citizens. In the preamble to the proposed rule, HUD contended that this policy change was consistent with various executive orders issued by President Trump.92 The Trump Administration included, in the Office of Management and Budget’s Spring 2019 Unified Agenda and Regulatory Plan, 93 a statement of USDA’s intent to publish regulatory revisions to the treatment of mixed-status families for rural housing programs.94 Following the transition from the Trump Administration to the Biden Administration, HUD in spring 2021 formal y withdrew the mixed status family proposed rule95 and USDA announced its long-term intent to harmonize its requirements with those of HUD.96 Author Information Maggie McCarty Abigail F. Kolker Specialist in Housing Policy Analyst in Immigration Policy 91 U.S. Department of Housing and Urban Development (HUD), “Amendments to Further Implement Provisions of the Housing and Community Development Act of 1980,” 84 Federal Register 20589, May 10, 2019. 92 Ibid. 93 See Office of Management and Budget, Office of Information and Regulatory Affairs, “ Implementation of the Multi-Family Housing U.S. Citizenship Requirements,” at https://www.reginfo.gov/public/do/eAgendaViewRule?pubI d=201904&RIN=0575-AC86. 94 For more information, see CRS Congressional Distribution Memorandum, Trump Administration Actions on the Treatm ent of Noncitizens Related to Federal Housing Assistance, available to congressional clients from the authors upon request. 95 Department of Housing and Urban Development, Housing and Community Development Act of 1980: Verification of Eligible Status; Withdrawal; Regulatory Review, 86 Federal Register 17346-17347, April 2, 2021. 96 Office of Management and Budget, Office of Information and Regulatory Affairs, “ Implementation of the Multi-Family Housing U.S. Citizenship Requirements,” at https://www.reginfo.gov/public/do/eAgendaViewRule?p ubI d=202104&RIN=0575-AC86. Congressional Research Service 19 Noncitizen Eligibility for Federal Housing Programs

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94 U.S. Department of Homeland Security (DHS), Regulatory Impact Analysis: ~~Inadmissibility on Public Charge~~
~~Grounds, August 2019, p. 109.~~
~~95 U.S. Department of Homeland Security (DHS), “Inadmissibility on Public Charge Grounds,” 84 Federal Register,~~
~~August 14, 2019, p. 41471.~~
~~96 Ibid., p. 41312.~~
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