Noncitizen Eligibility for Federal Housing Programs

Changes from September 30, 2021 to July 18, 2022

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
~~September 30, 2021~~July 18, 2022
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 For a copy of the ~~ful~~ full report, 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 please ~~cal~~ call 7-5700 or visit 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). PRWORA makes all noncitizens, except those PRWORA makes all noncitizens, except those
deemed deemed qualified aliens, ineligible for , ineligible for federal public benefits, defined to include housing assistance (both terms are defined , defined to include housing assistance (both terms are defined
in law). While HUD and USDA have issued rules and guidance implementing Section 214 and some subsequent laws, in law). While HUD and USDA have issued rules and guidance implementing Section 214 and some subsequent laws,
PRWORA’s provisions have not been fully implemented via rulemaking. Some federal housing programs are not covered by 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 Housing) are governed by noncitizen restrictions included in their 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 are at agency discretion. authorizing statutes. In other cases, noncitizen restrictions 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 ~~reduc ed~~reduced, ,
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.
The Trump Administration took a number of administrative actions to change the treatment of housing assistance in 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 determinations and the treatment of mixed-status families in housing programs; these actions have been reversed by
the Biden Administration. the Biden Administration.

Congressional Research Service Congressional Research Service

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,governing noncitizen eligibility, followed by a discussion of policy implementation as applied to 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 public, and private intermediaries; as ~~wel~~ well as relatively flexibleas relatively flexible grants to state and local 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 eligiblemortgages to eligible homebuyers or developers of multifamily housing.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 Service (IRS), and the Department of Veterans Affairs (VA). In nearly al all cases, the assistance the 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 Different laws, and different agency interpretations of those laws, govern noncitizen eligibility for for
federal housing programs. Two primary laws address their eligibilityfederal housing programs. Two primary laws address their eligibility for the programs. Section 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 eligiblecategories of noncitizens eligible for a prescribed set of federal direct housing assistance 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 Vouchers, and Section 8 project-based rental assistance, as ~~wel~~ well as rural rental assistance). The 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~~ 1 Throughout this report, the terms this report, the terms noncitizens,, foreign nationals,, and and aliens are usedare used interchangeably. U.S. interchangeably. U.S.
immigration law usesimmigration law uses the term the term alien, defined by the Immigration and Nationality Act, defined by the Immigration and Nationality Act , to mean persons who are not , to mean persons who are not
U.S.U.S. citizens or U.S.citizens or U.S. nationals (e.g., persons born in certain U.S. territories, such as American Samoa). Moreover, for nationals (e.g., persons born 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 includes U.S.U.S. nationals. nationals.
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Noncitizen Eligibility for Federal Housing Programs

193), makes 193), makes al all noncitizens except those deemed 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 eligibilityNoncitizen eligibility for public benefits, including housing programs, varies by immigration 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:
  Afghan Parolees are Afghans2 paroled into the United States between July 31, 2021, and September 30, 2022.3  Certain humanitarian cases include Certain humanitarian cases include Cuban-Haitian Entrants24 and and certain
abused spouses and children (e.g., Violence Against Women Act (VAWA) (e.g., Violence Against Women Act (VAWA) Self-Self-
Petitioners).Petitioners).3
5   Deferred Action for Childhood Arrivals (DACA) 46 recipients are unauthorized 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) migrants57 are citizens of the are citizens of the ~~Marshal~~ Marshall Islands, 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.States.6
8   Lawful permanent residents (LPRs) 79 are permitted to live in the United States are permitted to live in the United States
permanently (also referred to as permanently (also referred to as green card holders). holders).
  Nonimmigrants810 are admitted to stay in the United States on a temporary basis 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).including H-2A agricultural guest workers).9
~~ Parolees10 are aliens granted permission to enter or remain temporarily in the~~
~~United States for urgent humanitarian reasons or significant public benefit.~~
~~Immigration parole is granted on a case-by-case basis.~~
~~ Refugees11 and asylees12 are persons fleeing their countries because of~~
~~persecution, or a wel -founded fear of persecution, on account of race, religion,~~
~~nationality, membership in a particular social group, or political opinion. They~~

2 11 2 Or individuals with no nationality who last habitually resided in Afghanistan. 3 Or those paroled after September 30, 2022, with a qualifying family connection (e.g., child, spouse, parent of specified individuals). 4 For more information, see U.S. Citizens and Immigration Services (USCIS),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-entranthttps://www.uscis.gov/archive/archive-news/cuban-haitian-entrant -program-chep. -program-chep.
~~3 T his~~5 This refers to certain aliens who have been abused refers to certain aliens who have been abused (subject(subject to battery or extreme cruelty) in the United States by a to battery or extreme cruelty) in the United States by a
spouse or other family/household member, aliens whose children have been abused,spouse or other family/household member, aliens whose children have been abused, and alien and alien ~~childr en~~children whose whose parent parent
has been abused.has been abused. In these cases, an alien must have been approved for, or has pendingIn these cases, an alien must have been approved for, or has pending an application/petition with a an application/petition with a
prima facie case for, immigration preference as a spouseprima facie case for, immigration preference as a spouse or child or cancellation of removal.or child or cancellation of removal.
4 6 For more information, see CRS For more information, see CRS Report R45995, Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation. .
57 For background For background information, see CD1316834, 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).
68 For background For background information on the compacts, see CRSinformation on the compacts, see CRS Report RL31737, Report RL31737, The Marshall Islands and Micronesia:
~~Am endm ents~~Amendments to the ~~Com pact~~Compact of Free Association with the United States. .
7 9 For more information, see CRS For more information, see CRS Report R42866, Report R42866, Permanent Legal Immigration to the United States: Policy Overview..
8 10 For more information, see CRS For more information, see CRS Report R45040, Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United
States. .
911 For more information, see CRS For more information, see CRS Report R44849, Report R44849, H-2A and H-2B Temporary Worker Visas: Policy and Related Issues. Congressional Research Service 2 Noncitizen Eligibility for Federal Housing Programs  Parolees12 are aliens granted permission to enter or remain temporarily in the United States for urgent humanitarian reasons or significant public benefit. Immigration parole is granted on a case-by-case basis.  Refugees13 and asylees14 are persons fleeing their countries because of persecution, or a well-founded fear of persecution, on account of race, religion, nationality, membership in a particular social group, or political opinion. They are permitted to live ~~Issues~~.
~~10 8 U.S.C. §1182(d)(5).~~
~~11 For more information, see CRS Report RL31269, Refugee Admissions and Resettlement Policy.~~
~~12 For more information, see CRS Report R45539, Immigration: U.S. Asylum Policy.~~
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~~Noncitizen Eligibility for Federal Housing Programs~~

~~are permitted to live~~ in the United States indefinitely. After one year in these in the United States indefinitely. After one year in these
statuses, they may apply to adjust their immigration status to become LPRs.statuses, they may apply to adjust their immigration status to become LPRs.13
15   Temporary Protected Status (TPS)1416 holders have been granted temporary 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.
  Ukrainian Parolees are Ukrainians17 paroled into the United States between February 24, 2022, and September 30, 2023.18  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 documents, or enter ~~legal y~~legally but overstay the terms of their temporary stay. but overstay the terms of their temporary stay.
  Victims of Trafficking1519 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; visa can live in the United States for up to four years;1620 they may apply for LPR 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 removal1721
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.protection from removal. 1822
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 eligibleregulations. Depending on the program, noncitizens may or may not be eligible based on their 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.)
MixedMixed -status families are comprised of members with differing immigration statuses. For the 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~~
~~immigration statuses.~~
~~Laws Governing Noncitizen Eligibility~~
~~Section 214~~
~~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~~
~~were limited to nonimmigrant students, but over time the restrictions were expanded to additional~~
~~categories of noncitizens.20~~

13 12 8 U.S.C. §1182(d)(5). 13 For more information, see CRS Report RL31269, Refugee Admissions and Resettlement Policy. 14 For more information, see CRS Report R45539, Immigration: U.S. Asylum Policy. 15 Applying for an 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 immigrant visa from a U.S.the United States (as opposed to applying for an immigrant visa from a U.S. embassy or consulate abroad).embassy or consulate abroad).
14 16 For more information, see CRS For more information, see CRS Report RS20844, Report RS20844, Temporary Protected Status and Deferred Enforced Departure. .
~~15 22 U.S.C. §7101 et seq.~~
1617 Or non-Ukrainian individuals who habitually resided in Ukraine. 18 Or those individuals’ spouses or unmarried children under the age of 21 who are paroled into the United States after September 30, 2023. 19 22 U.S.C. §7101 et seq. 20 Victims of trafficking who have not received a T Victims of trafficking who have not received a T visa butvisa but have received a Continued Presence document from the have received a Continued Presence document from the
Department of Homeland Security (granted in order to help lawDepartment of Homeland Security (granted in order to help law enforcement prosecute human traffickers) may also enforcement prosecute human traffickers) may also
remain in the United States. U.S.remain in the United States. U.S. Department of Homeland Security (DHS),Department of Homeland Security (DHS), Continued Presence: ~~Tem porary~~
~~Im m igration Status for Victim s of Hum an~~Temporary Immigration Status for Victims of Human Trafficking, at https://www.dhs.gov/blue-campaign/materials/pamphlet, at https://www.dhs.gov/blue-campaign/materials/pamphlet --
continued-presence. continued-presence.
1721 8 U.S.C. 8 U.S.C. §1231. §1231.
1822 For more information, see CRS For more information, see CRS Report R45993, 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.~~
~~20 T he original student restrictions were expanded by the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35),~~
~~§329. Section 214 has been amended numerous times since.~~
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~~Noncitizen Eligibility for Federal Housing Programs~~
Congressional Research Service 3 Noncitizen Eligibility for Federal Housing Programs eligible and individuals who are ineligible for housing programs based on their varying immigration statuses. Laws Governing Noncitizen Eligibility Section 214 Section 214 of the Housing and Community Development Act of 198023 established the first 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 categories of noncitizens.24
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 Section 8 project-based rental assistance) as ~~wel~~ well as some older programs that are no longer as some older programs that are no longer
active.active.2125 Section 214 was amended by PRWORA in 1996 to also apply to certain rural housing 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.program.2226 (Prior to the extension of Section 214 to select rural housing programs, the Secretary (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.)would otherwise qualify under Section 214.) 2327
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.private property owners—both for-profit and nonprofit—under contract with HUD or RHS.2428
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,noncitizen unless the noncitizen is a resident of the United States and also is an LPR,2529 refugee, refugee,26
~~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~~
~~aliens, DACA recipients, TPS holders, and temporary nonimmigrants are ineligible for assistance~~
~~under Section 214-covered programs.~~

~~21 T hese~~30 23 P.L. 96-399, §214, 94 Stat. 1637, codified at 42 U.S.C. §1436a. 24 The original student restrictions were expanded by the Omnibus Budget Reconciliation Act of 1981 (P.L. 97-35), §329. Section 214 has been amended numerous times since. 25 These include the Section 235 Homeownership Assistance, Section 236 Rental Assistance, and Section 101 include the Section 235 Homeownership Assistance, Section 236 Rental Assistance, and Section 101 ~~Rent al~~Rental
Supplement programs. Supplement programs.
2226 For more information on rural housing programs, see CRS For more information on rural housing programs, see CRS Report RL31837, Report RL31837, An Overview of USDA Rural
~~Developm ent Program s.~~
~~23 T his~~Development Programs. 27 This restriction on the Secretary was added restriction on the Secretary was added to the Housing Act of 1949 in 1988 by P.L. 100-242, § 302(a); see 42 to the Housing Act of 1949 in 1988 by P.L. 100-242, § 302(a); see 42
U.S.C.U.S.C. §1471(h). §1471(h).
2428 For more information about federal housing programs, see CRS For more information about federal housing programs, see CRS Report RL34591, Report RL34591, Overview of Federal Housing
Assistance ~~Program s~~Programs and Policy. .
2529 42 U.S.C. 42 U.S.C. §1436a(a)(1) and (2) and (6). §1436a(a)(1) and (2) and (6).
2630 42 U.S.C. §1436a(a)(3). Congressional Research Service 4 link to page 13 Noncitizen Eligibility for Federal Housing Programs asylee,31 or parolee;32 is granted withholding of removal on the basis of prospective persecution;33 or is a citizen of a Freely Associated State (FAS) living in the United States.34 Unauthorized aliens, DACA recipients, TPS holders, and temporary nonimmigrants are ineligible for assistance under Section 214-covered programs. ~~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~~
~~on parolees.~~
~~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~~
~~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 Micronesia, Palau, and the Marshall~~
~~Islands are competing with Guam residents for limited housing assistance. See Represen tative Madeleine Z. Bordallo,~~
~~“Bordallo Housing Amendment Passes House,” press release, February 2, 2016, https://bordallo.house.gov/media-~~
~~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,Among other things,3135 PRWORA established new restrictions on the eligibility PRWORA established new restrictions on the eligibility of noncitizens for of noncitizens for
public benefits. PRWORA explicitly states that aliens, unless they are qualifiedpublic benefits. PRWORA explicitly states that aliens, unless they are qualified aliens, are not aliens, are not
eligibleeligible for federal public benefits. PRWORA defines 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,individual, household, or family eligibilityhousehold, or family eligibility unit by an agency of the United States or by unit by an agency of the United States or by
appropriated funds of the United States.”appropriated funds of the United States.”3236 However, the law does not specify further; thus, it has 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 been determined to ~~fal~~ fall under this category.under this category.33
37 Qualified Alien
PRWORA created the term PRWORA created the term qualified alien,, 3438 which did not previously exist in immigration law, 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~~
~~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)~~
~~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~~

~~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 Section s 502 (direct), 504, 521,~~
~~and 542 programs (P.L. 104-193, §441).~~
~~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~~
~~income. T hese include Supplemental Security Income (SSI), T emporary Assistance for Needy Families (T ANF),~~
~~Supplemental Nutrit ion Assistance Program (SNAP), non-emergency Medicaid, and State Child Health Insurance~~
~~Program (CHIP). Many qualified aliens are barred from FMT BP for five years. In addition, many qualified aliens are~~
~~subject to sponsor deem ing, 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~~
~~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,~~ 31 42 U.S.C. §1436a(a)(3). 32 42 U.S.C. §1436a(a)(4). In contrast to PRWORA (see section below), under Section 214 there is no time restriction on parolees. 33 42 U.S.C. §1436a(a)(5). 34 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 This policy change had been advocated by the Delegate from Guam out of concern that migrants from the Federated States of Micronesia, Palau, and the Marshall Islands are competing with Guam residents for limited housing assistance. See Representative Madeleine Z. Bordallo, “Bordallo Housing Amendment Passes House,” press release, February 2, 2016, https://bordallo.house.gov/media-center/press-releases/bordallo-housing-amendment-passes-house. 35 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 Sections 502 (direct), 504, 521, and 542 programs (P.L. 104-193, §441). 36 P.L. 104-193, §401(c)(1)(B). 37 Federal means-tested public benefits (FMTPB) are programs where eligibility is partially based on one’s household income. These include Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), non-emergency Medicaid, and State Child Health Insurance Program (CHIP). Many qualified aliens are barred from FMTBP for five years. In addition, many qualified aliens are subject to sponsor deeming, 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 FMTPB. Moreover, if the alien does receive a FMTPB, the granting agency can seek reimbursement from the immigrant’s sponsor. Some categories of noncitizens are not subject to these stricter rules for FMTPB, including refugees, asylees, Cuban/Haitian 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 38 P.L. 104-193 §431; 8 U.S.C. §1641. Congressional Research Service 5 Noncitizen Eligibility for Federal Housing Programs federal public benefits. Qualified aliens are legal permanent residents,39 refugees,40 asylees,41 aliens paroled into the United States for at least one year,42 and aliens granted withholding of removal.43 The Illegal 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 qualified aliens.44 The Balanced Budget Act of 1997 (P.L. 105-33) added Cuban-Haitian entrants.45 Qualified aliens are not automatically eligible for federal benefit programs; they are still subject to all eligibility and availability restrictions of the program. Nonqualified aliens are all other noncitizens, including nonimmigrants, DACA recipients, TPS ~~P.L. 104-193 §431; 8 U.S.C. §1641.~~
~~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~~
~~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).~~
~~38 8 U.S.C. §1641(b)(4).~~
~~39 8 U.S.C. §1641(b)(5).~~
~~40 Certain battered aliens are eligible for federal public benefits if they can demonstrate (in the o pinion of the agency~~
~~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)).~~
~~Congressional Research Service~~
5

~~Noncitizen Eligibility for Federal Housing Programs~~

~~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.~~
~~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, PRWORA exempts certain types of programs, ~~usual y~~usually thought of as emergency programs, from thought of as emergency programs, from
alien eligibilityalien eligibility requirements, including short-term, in-kind emergency disaster relief and services 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. or other adverse weather conditions. 4246
Aliens who do not meet the definition of qualified aliens are eligible Aliens who do not meet the definition of qualified aliens are eligible for these emergency for these emergency
programs. programs.
In addition, any aliens In addition, any aliens who were receiving the following assistance on the date of the enactment who were receiving the following assistance on the date of the enactment
of PRWORA (August 22, 1996) are exempt from PRWORA’s eligibilityof PRWORA (August 22, 1996) are exempt from PRWORA’s eligibility restrictions as they 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~~
~~Development Act (USDA rural development programs).43~~
~~Final y, 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~~
~~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~~
~~services from these organizations, regardless of their eligibility status. Programs not administered~~
~~by nonprofit organizations must verify noncitizen applicants’ immigration status (for example,~~
~~see discussion in the “Verification of Immigration Status and Documentation Requirements:~~
~~HUD” text box later in this report).~~

~~41 8 U.S.C. §1641(b)(7).~~
42 39 8 U.S.C. §1641(b)(1). 40 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, Immigration: U.S. Asylum Policy. 41 8 U.S.C. §1641(b)(2). 42 8 U.S.C. §1641(b)(4). 43 8 U.S.C. §1641(b)(5). 44 Certain battered aliens are eligible for federal public benefits if they can demonstrate (in the opinion of the agency 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)). 45 8 U.S.C. §1641(b)(7). 46 61 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. 22233.pdf. ~~T he~~The notice of final order was notice of final order was ~~published~~ published in January 2001, and didin January 2001, and did not significantly alter the original notice. 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~~
development programs, see CRS Report RL31837, An Overview of USDA Rural Developm ent Program s.
~~44 8 U.S.C. §1642(d).~~
~~Congressional Research Service~~
6

~~link to page 11~~ ~~Noncitizen Eligibility for Federal Housing Programs~~

~~Victims of Trafficking and Violence Protection Act of 2000~~
~~Subsequent to the enactment of Section 214 and PRWORA,~~ Congressional Research Service 6 link to page 11 Noncitizen Eligibility for Federal Housing Programs  any assistance under Section 306C of the Consolidated Farm and Rural Development Act (USDA rural development programs).47 Finally, PRWORA exempts nonprofit charitable organizations that provide federal public benefits from having to verify the eligibility of program participants.48 Many housing programs, such as 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 services from these organizations, regardless of their eligibility status. Programs not administered by nonprofit organizations must verify noncitizen applicants’ immigration status (for example, see discussion in the “Verification of Immigration Status and Documentation Requirements: HUD” text box later in this report). Groups Granted Benefits to the Same Extent as Refugees Subsequent to the enactment of Section 214 and PRWORA, Congress enacted the Victims of Trafficking and Violence 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 Protection Act of 2000 (P.L. 106-386). While the law did not amend Section 214 or PRWORA, it made ~~victims of~~
victims of trafficking eligibletrafficking eligible for benefits and servicesfor benefits and services “under any Federal or State program” to the same extent as refugees (§107).“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.~~
After the elected Afghan government’s col apse and Taliban takeover in August 2021, Congress passed the Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43, Division C, §2502), which provided Afghan parolees with benefits to the same extent as refugees until March 31, 2023, or the end of their parole term, whichever is later. In response to Russia’s renewed invasion of Ukraine in February 2022, Congress passed the Additional Ukraine Supplemental Appropriations Act, 2022 (P.L. 117-128, Title IV, §401), which provided Ukrainian parolees with benefits to the same extent as refugees (with the exception of the initial resettlement program [i.e., the State Department’s Reception and Placement Program]) until the end of their parole term. Thus, victims of trafficking and these groups of Afghan and Ukrainian parolees are eligible for/not prohibited from receiving housing assistance. Differences Between Section 214 and PRWORA As shown in Table 1, nearly all ~~Differences Between Section 214 and PRWORA~~
~~As shown in Table 1,~~ ~~nearly al~~ noncitizens who are eligiblenoncitizens who are eligible under Section 214 are qualified 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  While both statutes ~~al ow eligibility~~ allow eligibility for parolees, PRWORA states that parolees for parolees, PRWORA states that parolees
are only are only qualified aliens if they are granted parole for at least one year, while no if they are granted parole for at least one year, while no
time limit is specified in Section 214. time limit is specified in Section 214.
 PRWORA permits otherwise ineligible  PRWORA permits otherwise ineligible aliens receiving certain benefits on 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  Section 214 lists FAS migrants as eligible but they are not qualifiedbut they are not qualified under 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 that are not listed as eligible under Section 214: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 Cuban/Haitian ~~entrants.~~
entrants. 47 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, An Overview of USDA Rural Development Programs. 48 8 U.S.C. §1642(d). Congressional Research Service 7 link to page 12 link to page 12 link to page 12 link to page 12 Noncitizen Eligibility for Federal Housing Programs 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 PRWORA has led some to ~~cal~~ call for statutory changes.for statutory changes.4549 For Section 214-covered programs, the 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 who are programs has not been clarified. However, it would appear that administratively, aliens who are
qualified under PRWORA may be being treated as eligiblequalified under PRWORA may be being treated as eligible under Section 214 programs. As a 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 VAWAthat the department has determined that VAWA Self-Petitioners are in “satisfactory immigration Self-Petitioners are in “satisfactory immigration
status” when applying for assistance under Section 214-covered programs.status” when applying for assistance under Section 214-covered programs.4650 HUD has not issued HUD has not issued
similarly direct guidance regarding Cuban/Haitiansimilarly direct guidance regarding Cuban/Haitian entrants. However, when asked for 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~~
~~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 qualified alien to the categories of~~
~~noncitizens eligible for housing benefits under Section 214, bringing the section into conformity with PRWORA.~~
~~While the Bond amendment was~~ requirements is eligible to participate in HUD’s rental assistance programs.”51 As Cuban/Haitian entrants are legally 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).52 Table 1. Eligible Immigration Categories: Comparison of Section 214 and PRWORA Qualified Alien under Immigration Categories Section 214-Eligible PRWORA Afghan parolees Eligiblea Qualifieda Certain abused spouses and children (e.g., Deemed eligibleb Qualified VAWA Self-Petitioners) Cuban-Haitian Entrants Presumed eligiblec Qualified Deferred Action for Childhood Arrivals Ineligible Not Qualified (DACA) Freely Associated States (FAS) Migrants Eligible Not Qualified Lawful permanent residents Eligible Qualified Nonimmigrants Ineligible Not Qualified (e.g., tourists, students, temporary workers) 49 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 in the final version of the bill. The amendment would have added the category qualified alien to the categories of 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 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 qualifiedtechnical corrections to applicable housing statutes with respect to qualified aliens who are victims of domestic aliens who are victims of domestic
violence and Cubanviolence and Cuban and Haitian immigrants to ensure that such statutes are consistent with the Personal Responsibility and Haitian immigrants to ensure that such statutes are consistent with the Personal Responsibility
and Work Opportunity Act of 1996 and the Illegal Immigration Reform and Personal Responsibility Act of 1996” and Work Opportunity Act of 1996 and the Illegal Immigration Reform and Personal Responsibility Act of 1996”
(H.Rept. 108-10). (H.Rept. 108-10).
4650 Memorandum from Memorandum from ~~T onya~~Tonya Robinson, Acting General Counsel, Robinson, Acting General Counsel, to Julian Castro, Secretary, Subject:to Julian Castro, Secretary, Subject: “Eligibility of “Eligibility of
Battered Noncitizen Self-Petitioners for Financial Assistance under Section 214 of the HousingBattered Noncitizen Self-Petitioners for Financial Assistance under Section 214 of the Housing and Community 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.
~~Congressional Research Service~~
7

~~link to page 11 link to page 11 link to page 11 link to page 11 link to page 11 link to page 10 link to page 10 link to page 10~~ ~~Noncitizen Eligibility for Federal Housing Programs~~

~~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~~
~~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.,~~
~~Deemed eligiblea~~
~~Qualified~~
~~VAWA Self-Petitioners)~~
~~Cuban-Haitian Entrants~~
~~Presumed eligibleb~~
~~Qualified~~
~~Deferred Action for Childhood Arrivals~~
~~Ineligible~~
~~Not Qualified~~
~~(DACA)~~
~~Freely Associated States (FAS) Migrants~~
~~Eligible~~
~~Not Qualified~~
~~Lawful permanent residents~~
~~Eligible~~
~~Qualified~~
~~Nonimmigrants~~
~~Ineligible~~
~~Not Qualified~~
~~(e.g., tourists, students, temporary workers)~~
~~Otherwise ineligible aliens receiving certain~~
~~Ineligible~~
~~Qualified for federal public benefitsd~~
~~benefits on August 22, 1996~~
~~Parolees~~
~~Eligible (no time limit)~~
~~Qualified if granted parole for more~~
~~than one year~~
~~Refugees and asylees~~
~~Eligible~~
~~Qualified~~
~~Temporary Protected Status (TPS)~~
~~Ineligible~~
~~Not Qualified~~
~~Unauthorized Immigrants~~
~~Ineligible~~
~~Not Qualified~~
~~Victims of Trafficking~~
~~Eligiblec~~
~~Qualifiedc~~
~~Withholding of Removal~~
~~Eligible~~
~~Qualified~~
Source: Table prepared by CRS, based on 42 U.S.C. Section 1436a (for Section 214) and 8 U.S.C. Section 1641
~~(for PRWORA), unless otherwise noted.~~
~~a. While not explicitly listed under Section 214, HUD guidance indicates these categories may be being~~
~~treated as eligible for assistance under it. See discussion in the~~ ~~“Differences~~ 51 U.S. Department of Housing and Urban Development (HUD), “Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs; Final Rule,” 74 Federal Register 4826, January 27, 2009. 52 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). 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-Choice-Voucher-Program-Administrative-Plan-PDF). Congressional Research Service 8 link to page 12 link to page 12 link to page 12 link to page 12 link to page 12 link to page 10 link to page 10 link to page 10 Noncitizen Eligibility for Federal Housing Programs Qualified Alien under Immigration Categories Section 214-Eligible PRWORA Otherwise ineligible aliens receiving certain Ineligible Qualified for federal public benefi tsd benefits on August 22, 1996 Parolees Eligible (no time limit) Qualified if granted parole for more than one year Refugees and asylees Eligible Qualified Temporary Protected Status (TPS) Ineligible Not Qualified Ukrainian parolees Eligiblee Qualifiede Unauthorized Immigrants Ineligible Not Qualified Victims of Trafficking Eligiblef Qualifiedf Withholding of Removal Eligible Qualified Source: Table prepared by CRS, based on 42 U.S.C. Section 1436a (for Section 214) and 8 U.S.C. Section 1641 (for PRWORA), unless otherwise noted. a. The Extending Government Funding and Delivering Emergency Assistance Act (P.L. 117-43, Division C, §2502) made certain Afghan parolees eligible for “resettlement assistance, entitlement programs, and other benefits available to refugees.” Thus, they are eligible for housing programs to the same extent that refugees are eligible for them. b. While not explicitly listed under Section 214, HUD guidance indicates these categories may be being treated as eligible for assistance under it. See discussion in the “Differences Between Section 214 and PRWORA” section. c~~Between Section 214 and~~
~~PRWORA”~~ ~~section.~~
b. See discussion in the . See discussion in the “Differences Between Section 214 and PRWORA” section. d. Otherwise ineligible aliens who were ~~Between Section 214 and PRWORA”~~ ~~section.~~
~~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~~
~~(§107; 22 U.S.C. §7101 et seq.) Thus, victims of trafficking are eligible for housing programs to the same~~
~~extent that refugees are eligible for them.~~
~~d. Otherwise ineligible aliens who were~~ receiving housing, community development, or financial assistance receiving housing, community development, or financial assistance
administered administered by the Secretaryby the Secretary of HUD, assistance under any program under Title V of the Housing Act of of HUD, assistance under any program under Title V of the Housing Act of
19491949;, or any assistance under Section 306C of the Consolidated Farm and Rural Development or any assistance under Section 306C of the Consolidated Farm and Rural Development Act on the Act on the
date PRWORA was enacted (August 22, 1996) are exempt from PRWORA’sdate 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~~
~~Requirements in Public and Assisted Housing Programs; Final Rule,” 74 Federal Register 4826, January 27, 2009.~~
~~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).~~
~~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-~~
~~Choice-Voucher-Program-Administrative-Plan-PDF).~~
~~Congressional Research Service~~
8

~~Noncitizen Eligibility for Federal Housing Programs~~

eligibility restrictions. e. The Additional Ukraine Supplemental Appropriations Act, 2022 (P.L. 117-128, Title IV, §401) made certain Ukrainian parolees eligible for “resettlement assistance, entitlement programs, and other benefits available to refugees” (excluding the initial resettlement program). Thus, they are eligible for housing programs to the same extent that refugees are eligible for them. f. 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 (§107; 22 U.S.C. §7101 et seq.) Thus, victims of trafficking are eligible for housing programs to the same extent that refugees are eligible for them. Other Laws
While Section 214 and PRWORA are the primary laws governing noncitizen eligibilityWhile Section 214 and PRWORA are the primary laws governing noncitizen eligibility for 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.requirements for those programs.~~49 Specifical y~~53 Specifically, it requires that residents of Farm Labor Housing 53 The 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. §1486). In order to be eligible, a tenant must be domestic farm labor, a term defined to include limitations on noncitizen eligibility (42 U.S.C. §1484(f)(3)(A)). Congressional Research Service 9 Noncitizen Eligibility for Federal Housing Programs ~~, it requires that residents of Farm Labor Housing~~
properties be either U.S. citizens or persons properties be either U.S. citizens or persons ~~legal y~~legally admitted for permanent residence. In 2018, admitted for permanent residence. In 2018,
the law was amended to also make eligiblethe law was amended to also make eligible persons persons ~~legal y~~legally admitted and authorized to work in admitted and authorized to work in
agriculture (e.g., temporary agricultural workers under the H2A program).agriculture (e.g., temporary agricultural workers under the H2A program).5054
Implementing Regulations
The statutory restrictions on noncitizen eligibilityThe statutory restrictions on noncitizen eligibility for federal housing programs included in 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 for specific programs. policies are implemented for specific programs.
HUD
While Section 214 was enacted in 1980, and While Section 214 was enacted in 1980, and ~~substantial y~~substantially amended and expanded in scope in 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,implementation of various final rules issued over that period,5155 a court injunction, a court injunction,5256 and the need and the need
to amend the proposed rules to reflect statutory changes to Section 214.to amend the proposed rules to reflect statutory changes to Section 214.53
57 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 Subpart E. They establish treatment of mixed-status families as ~~wel~~ well as requirements regarding 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~~
~~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 dom estic farm labor, a term defined to include limitations on~~
~~noncitizen eligibility (42 U.S.C. §1484(f)(3)(A)).~~
~~50 See P.L. 115-141, 132 ST AT . 365.~~
~~51 For example, following publication of a final rule~~ 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 PRWORA’s noncitizen eligibility restrictions.58 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 exempt from PRWORA restrictions, as discussed later in this report. Further, HUD has clarified that none of its programs are considered to be federal means-tested public benefits59 (such programs have more stringent eligibility requirements under PRWORA). 54 See P.L. 115-141, 132 STAT. 365. 55 For example, following publication of a final rule to implement Section 214 on October 4, 1982, but before it was 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 publishedstatutory changes contained in the rule for at least one year. HUD published ~~a new f inal~~ a new final 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
fundsfunds appropriated in that or any other act to implement the rule. appropriated in that or any other act to implement the rule.
52 56 For more information, see the “Supplementary Information” section of Department of Housing and Urban For more information, see the “Supplementary Information” section of Department of Housing and Urban
Development, “Aliens: Withdrawal of Restrictions on the Use of AssistedDevelopment, “Aliens: Withdrawal of Restrictions on the Use of Assisted Housing:Housing: Final Rule,”Final Rule,” 53 53 Federal Register
842, January 13, 1988. 842, January 13, 1988.
5357 For a summary of the regulatory process for the implementation of Section 214, see the “Supplementary 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~~
~~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~~
~~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~~
~~that none of its programs are considered to be federal means-tested public benefits55 (such~~
~~programs have more stringent eligibility requirements under PRWORA).~~
58 The exception is the Lead Hazard Control program. The comments section of a Department of Justice Attorney General Final Order (66 Federal Register 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. 59 See 65 Federal Register 49994, August 16, 2000; 8 C.F.R. §213a. Both HUD and the Department of Health and Human Services contended that the term federal means-tested public benefit should only apply to mandatory funded programs. (None of HUD’s programs are mandatory funded programs.) The Department of Justice found that this was Congressional Research Service 10 link to page 11 link to page 20 Noncitizen Eligibility for Federal Housing Programs 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
eligibilityeligibility in rural housing programs, nor did it issue any clarification regarding which, if any, of 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.restrictions as a part of broader rural housing program rulemaking.56
60 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 eligibilityrequire the verification of eligibility for the head of household. for the head of household.
Policies for Specific Federal Housing Programs
Section 214-Covered Programs
The largest federal direct housing assistance programs are The largest federal direct housing assistance programs are al all covered by the restrictions on covered by the restrictions on
noncitizen eligibilitynoncitizen eligibility set forth in Section 214. These include HUD’s Public Housing program, the 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 program, as ~~wel~~ well as USDA’s Section 521 rental assistance, Section 542 voucher, and Section 502 as USDA’s Section 521 rental assistance, Section 542 voucher, and Section 502
and Section 504 single-family direct loan and grant programs. These programs and Section 504 single-family direct loan and grant programs. These programs al all provide deep 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 serve roughly 5 ~~mil ion~~ million families.families.5761
Under Section 214, each of these programs limits eligibility Under Section 214, each of these programs limits eligibility to U.S. citizens and certain to U.S. citizens and certain
noncitizens made eligiblenoncitizens made eligible under the section (for specific immigration categories and their eligibility under Section 214, see Table 1). However, there are differences in how these restrictions are implemented for mixed-status families between those programs administered by 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 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. 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 a permissible interpretation of the statute (see Department of Justice, “~~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~~
~~General Final Order (66 Federal Register 3615) issued in 2001 notes that HUD had determined that benefits under the~~
~~Lead Hazard Control Program were not federal public benefits within the m eaning of PRWORA.~~
~~55 See 65 Federal Register 49994, August 16, 2000; 8 C.F.R. §213a. Both HUD and the Department of Health and~~
~~Human Services contended that the term federal m eans-tested public benefit 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~~
~~a permissible interpretation of the statute (see Department of Justice, “~~ Memorandum Opinion for the General Counsel Memorandum Opinion for the General Counsel
for the Department of Health and Human Services, Proposed Agency Interpretation of ‘Federal Means-for the Department of Health and Human Services, Proposed Agency Interpretation of ‘Federal Means-~~T ested~~Tested Public Public
Benefits’ Under Personal Responsibility and Work Opportunity Reconciliation Act of 1996,Benefits’ Under Personal Responsibility and Work Opportunity Reconciliation Act of 1996, ” January 14, 1997). ” January 14, 1997).
5660 For specific regulations, For specific regulations, seesee Table 2 later in this report. later in this report.
5761 For more information on these and other federal housing programs, see CRS For more information on these and other federal housing programs, see CRS Report RL34591, Report RL34591, Overview of Federal
Housing Assistance ~~Program s~~Programs and Policy. .
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~~eligibility under Section 214, see Table 1). However, there are differences in how these~~
~~restrictions are implemented for mixed-status families between those programs administered by~~
~~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~~
~~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.~~
~~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~~
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 ineligiblefamily by the proportion of ineligible noncitizens in the household.noncitizens in the household.58
62 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 eligibilitydirectly address mixed-status families. Instead, they base noncitizen eligibility only on the status 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 ineligiblemixed-status family headed by an ineligible noncitizen (e.g., an ineligiblenoncitizen (e.g., an ineligible mother with two U.S. mother with two U.S.
citizen children) is ineligiblecitizen children) is ineligible for assistance under Section 214-covered USDA rural housing 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 ineligibleConversely, a mixed-status family headed by a U.S. citizen with ineligible noncitizen members noncitizen members
(e.g., a U.S. citizen married to an ineligible(e.g., a U.S. citizen married to an ineligible noncitizen) is eligiblenoncitizen) is eligible for full benefits under Section 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.

Verification of Immigration Status and Documentation Requirements: HUD
Section 214 requires noncitizen applicants to provide documentation of eligible Section 214 requires noncitizen applicants to provide documentation of eligible ~~immigration~~ immigration status. In the case of HUD status. In the case of HUD
programs,programs, under federal regulations and guidance under federal regulations and guidance al all applicants must sign a certification (under penalty of perjury) for applicants must sign a certification (under penalty of perjury) for
each household membereach household member (1) declaring status as a U.S. citizen, (2) declaring eligible(1) declaring status as a U.S. citizen, (2) declaring eligible ~~immigration~~ immigration status and providing status and providing
supporting documentation, or (3) stating that the individual is choosing not to claim eligiblesupporting documentation, or (3) stating that the individual is choosing not to claim eligible status and acknowledging status and acknowledging
~~ineligibility~~ ineligibility for assistance. Individuals age 62 and olderfor assistance. Individuals age 62 and older and individuals who were receivingand individuals who were receiving assistance prior to September assistance prior to September
30, 1996, are exempted from30, 1996, are exempted from providing documentation. providing documentation.
HUD program administratorsHUD program administrators are required to verify any documentation provided by noncitizens. They are authorized are required to verify any documentation provided by noncitizens. They are authorized
to use the Systematicto use the Systematic Alien VerificationAlien Verification for Entitlements (SAVE) system,for Entitlements (SAVE) system, ~~administered~~ administered by U.S. Citizenship and by U.S. Citizenship and
~~Immigration Services~~ Immigration Services (USCIS). SAVE is used to obtain immigration(USCIS). SAVE is used to obtain immigration status information to determinestatus information to determine ~~eligibility~~ eligibility for public for public
benefits based on noncitizen eligibilitybenefits based on noncitizen eligibility restrictions,restrictions, which vary depending on which laws govern the program (e.g., which vary depending on which laws govern the program (e.g.,
Section 214 or PRWORA). The SAVE system does not determineSection 214 or PRWORA). The SAVE system does not determine ~~eligibility for~~ eligibility for HUD programs,HUD programs, but rather provides but rather provides
information on the noncitizen’s status so that the program’sinformation on the noncitizen’s status so that the program’s ~~administrators~~ administrators can makecan make ~~an eligibility~~ an eligibility determination.determination.
U.S. citizens are not requiredU.S. citizens are not required under federal law to provide proof of status beyond the signed declaration, although under federal law to provide proof of status beyond the signed declaration, although
HUD’sHUD’s recent proposed rule (discussed later in this report) would create new documentation requirementsrecent proposed rule (discussed later in this report) would create new documentation requirements for U.S. for 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 Other housing programs administered by HUD include both programs that are ~~substantial y~~substantially
similar to those covered by Section 214 and programs that are similar to those covered by Section 214 and programs that are ~~substantial y~~substantially different. Some HUD different. Some HUD
rental assistance programs, including those for persons who are elderly or have disabilitiesrental assistance programs, including those for persons who are elderly or have disabilities ~~(under~~

~~58 24 C.F.R. §5.520.~~
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(under the Section 202 and Section 811 programs),the Section 202 and Section 811 programs), 5963 are not covered by Section 214 even though they are not covered by Section 214 even though they
are are ~~structural y~~structurally similar to rental assistance programs that 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).6064 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
62 24 C.F.R. §5.520. 63 For more information about these programs, see CRS Report RL33508, Section 202 and Other HUD Rental Housing Programs for Low-Income Elderly Residents and CRS Report RL34728, Section 811 and Other HUD Housing Programs for Persons with Disabilities. 64 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. Tenants living in units with Section 8 project-based rental assistance are subject to that program’s requirements. Congressional Research Service 12 Noncitizen Eligibility for Federal Housing Programs 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) ~~program61~~program65 and the HOME Investment Partnerships program. and the HOME Investment Partnerships program.62
66 The extent to which PRWORA restrictions on noncitizen eligibility The extent to which PRWORA restrictions on noncitizen eligibility apply to HUD programs not 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 eligibilitynoncitizen eligibility restrictions.restrictions.63
67 If these programs provide federal public benefits triggering PRWORA restrictions, then If these programs provide federal public benefits triggering PRWORA restrictions, then
~~nonqualified~~ nonqualified aliens (e.g., unauthorized aliens) would not be aliens (e.g., unauthorized aliens) would not be ~~legal y eligible~~ legally eligible for assistance.for assistance.6468
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 benefits under these programs, beneficiaries’ citizenship or immigration status is not required to
be verifiedbe verified for assistance that is provided by charitable organizations.for assistance that is provided by charitable organizations.
HUD Homeless Assistance Programs
Additional Additional considerations apply to HUD homeless assistance programs, including the Emergency considerations apply to HUD homeless assistance programs, including the Emergency
Solutions Grants (ESG) program, the Continuum of Care (CoC) program, and the Housing Solutions Grants (ESG) program, the Continuum of Care (CoC) program, and the Housing
Opportunities for Persons with AIDS (HOPWA) program.Opportunities for Persons with AIDS (HOPWA) program.6569 These programs fund various forms These programs fund various forms
of housing assistance and related supports for persons who are homeless, including emergency of housing assistance and related supports for persons who are homeless, including emergency
shelter, transitional housing, short-term rental assistance, and permanent supportive housing.shelter, transitional housing, short-term rental assistance, and permanent supportive housing.
As noted previously, PRWORA contains an exception As noted previously, PRWORA contains an exception ~~al owing~~allowing nonqualified aliens access to nonqualified aliens access to
emergency programs. The exception applies if the benefit provided meets three requirements: 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, 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 2. it is not conditioned on a client’s income or resources, and
3. it is necessary for the protection of life and safety. 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 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 regulations to clarify whether HUD homeless assistance programs are considered federal public

~~59 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,~~ ~~Section 811 and Other HUD Housing~~
~~Program s for Persons with Disabilities~~.
~~60 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~~
~~assistance are subject to that program’s requirements.~~
~~61 For more information, see CRS~~ 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 joint letter regarding the PRWORA life and safety exception’s applicability to homeless assistance.70 This guidance clarifies that certain activities funded through ESG and CoC are covered under PRWORA’s life and safety exception:  Street Outreach Services, 65 For more information, see CRS Report R43520, Report R43520, Community Development Block Grants and Related Programs: A
~~Prim er~~Primer. .
6266 For more information, see CRS For more information, see CRS Report R40118, Report R40118, An Overview of the HOME Investment Partnerships Program . .
~~63 T he~~67 The exception is the Lead Hazard Control program. exception is the Lead Hazard Control program. ~~T he~~The comments section of a Department of Justice Attorney comments section of a Department of Justice Attorney
General Final Order (66 General Final Order (66 Federal Register 3615) issuedr 3615) issued in 2001 notes that HUD had determined that benefits under the in 2001 notes that HUD had determined that benefits under the
Lead HazardLead Hazard Control Program were not federal publicControl Program were not federal public benefits within the meaning of PRWORA. benefits within the meaning of PRWORA.
6468 Except for exempted activities, such as emergency shelter, as discussed Except for exempted activities, such as emergency shelter, as discussed earlier in this report.earlier in this report.
65 69 For more information, see CRS For more information, see CRS Report RL33764, Report RL33764, The HUD Homeless Assistance Grants: Programs Authorized by
the HEARTH Act; and CRS; and CRS Report RL34318, Report RL34318, Housing for Persons Living with HIV/AIDS .
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~~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~~
~~joint letter regarding the PRWORA life and safety exception’s applicability to homeless~~
~~assistance.66 This guidance clarifies that certain activities funded through ESG and CoC are~~
~~covered under PRWORA’s life and safety exception:~~
~~ Street Outreach Services,~~
. 70 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. Congressional Research Service 13 link to page 14 link to page 14 Noncitizen Eligibility for Federal Housing Programs  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 PRWORA does not require qualify for exemption. However, the letter reminds recipients that PRWORA 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 applicabilityregarding the applicability of PRWORA to HOPWAof PRWORA to HOPWA and other HUD programs. The memorandum 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
public benefits and, if they are, whether they meet the criteria for exemption from PRWORA.public benefits and, if they are, whether they meet the criteria for exemption from PRWORA.67
71 As of the As of the cover date of this report, HUD has not done so. 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 eligibilitycovered by the noncitizen eligibility restrictions of Section 214 (and were discussed previously in 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) to include only those who are U.S. citizens, LPRs, or (since 2018) ~~legal y~~legally authorized 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~~ is also subject to Section 521 eligibility restrictions (discussed previously in the “Section 214-Covered Programs” section). Rural Rental Housing Loans (Section 515): The Section 515 program provides direct federal 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 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.72 These reinvention regulations proposed, for the first time, to implement noncitizen restrictions in 71 Christeen Thomas, 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 Opportunities for Persons With AIDS Program, HUD Office of
Inspector General, Memorandum No: 2017Inspector General, Memorandum No: 2017 -CF-0801, Kansas City, KS, August-CF-0801, Kansas City, KS, August 21, 2017, https://www.hudoig.gov/sites/default/files/documents/2017-CF-0801.pdf. 72 U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516, and 521 Multi-Family Housing Programs,” 69 Federal Register 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. Congressional Research Service 14 Noncitizen Eligibility for Federal Housing Programs ~~21, 2017, https://www.hudoig.gov/~~
~~sites/default/files/documents/2017-CF-0801.pdf.~~
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~~is also subject to Section 521 eligibility restrictions (discussed previously in the “Section 214-~~
~~Covered Programs” section).~~
Rural Rental Housing Loans (Section 515): The Section 515 program provides direct federal
~~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~~
~~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. 68~~
~~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 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 indefinitelynotice indefinitely delaying the application of noncitizen restrictions to the Section 515 program delaying the application of noncitizen restrictions to the Section 515 program
before they took effect.before they took effect.6973 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.”7074 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 eligibilitynoncitizen eligibility criteria are in effect.criteria are in effect.7175
Multifamily Guaranteed Loan Program (Section 538). The Section 538 program The Section 538 program ~~al ows~~allows USDA USDA
to guarantee loans for certain multifamily housing properties in rural areas. Occupancy in Section to guarantee loans for certain multifamily housing properties in rural areas. Occupancy in Section
538 properties is restricted to 538 properties is restricted to qualified aliens, defined in USDA regulations as those eligible , defined in USDA regulations as those eligible
under Section 214.under Section 214.7276
Low Income Housing Tax Credits
The Low Income Housing Tax Credit (LIHTC) program, administered by the Internal Revenue The Low Income Housing Tax Credit (LIHTC) program, administered by the Internal Revenue
Service (IRS), provides per capita federal tax credit Service (IRS), provides per capita federal tax credit ~~al ocations~~allocations to states, which in turn to states, which in turn ~~al ocate~~allocate
those credits to developers of affordable rental housing for lower-income individuals and those credits to developers of affordable rental housing for lower-income individuals and
families.families.7377 The law authorizing the program does not address noncitizen eligibility The law authorizing the program does not address noncitizen eligibility for tenancy in for tenancy in
LIHTC-funded housing developments, nor do the program’s implementing regulations or LIHTC-funded housing developments, nor do the program’s implementing regulations or
guidance. Thus, there are no current federal noncitizen eligibilityguidance. Thus, there are no current federal noncitizen eligibility restrictions for LIHTC units.restrictions for LIHTC units.74

~~68 U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516, and 521 Multi-Family Housing~~
~~Programs,” 69 Federal Register 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.~~
~~69 U.S.~~ 78 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 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 LIHTC units. Noncitizen restrictions applicable to any other assistance is applicable to LIHTC units receiving that assistance. 73 U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516 and 521 Multi-Family Housing 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.
7074 Ibid. Ibid. ~~See~~ See “Summary.” “Summary.”
7175 Some older Section 515 properties may have Section 8 project Some older Section 515 properties may have Section 8 project -based rental assistance (a Section 214-covered -based rental assistance (a Section 214-covered
program) attached to some or all of their units. program) attached to some or all of their units. ~~T enants~~Tenants living in units with Section 8 project living in units with Section 8 project -based rental assistance are -based rental assistance are
subjectsubject to that program’s requirements. to that program’s requirements.
7276 U.S. U.S. Department of Agriculture (USDA), “Guaranteed RuralDepartment of Agriculture (USDA), “Guaranteed Rural Rental HousingRental Housing Program: Interim Final Rule with Program: Interim Final Rule with
RequestRequest for Comments,” 63 for Comments,” 63 Federal Register 39452 et seq., July39452 et seq., July 22, 1998, https://www.govinfo.gov/content/pkg/FR-22, 1998, https://www.govinfo.gov/content/pkg/FR-
1998-07-22/pdf/98-19558.pdf. 1998-07-22/pdf/98-19558.pdf.
7377 For more information, see CRS For more information, see CRS Report RS22389, Report RS22389, An Introduction to the Low-Income Housing Tax Credit. .
7478 While there are no federal restrictions related to noncitizen eligibility, individual While there are no federal restrictions related to noncitizen eligibility, individual ~~LIT HC~~LITHC property owners and 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 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 Actuniformly and without violation of the Fair Housing Act ~~. See “ IRS~~ . See “IRS Publication GuidePublication Guide for Completing Form 8823, Low-Income Housing Credit Agencies Report of Noncompliance or Building Disposition,” available at https://www.irs.gov/pub/irs-utl/lihc-form8823guide.pdf. Congressional Research Service 15 Noncitizen Eligibility for Federal Housing Programs ~~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~~
~~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~~
~~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~~
~~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 programs. These programs ~~al ow~~allow the government to insure or guarantee single-family mortgage 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 insures certain single-family The Federal Housing Administration (FHA) at HUD insures certain single-family
mortgages offered through private lenders.mortgages offered through private lenders.7579 While no statute or regulations address noncitizen While no statute or regulations address noncitizen
eligibilityeligibility for FHA-insured single-family loans, guidance in FHA’s Single-Family Housing for FHA-insured single-family loans, guidance in FHA’s Single-Family Housing
Policy Policy ~~Handbook76~~Handbook80 states that only lawful permanent states that only lawful permanent ~~resident aliens and “~~residents and non-permanent non-permanent ~~resident~~
~~aliens”77 are eligible~~ residents81 that meet certain conditions are eligible to receive an FHA-insured loanto receive an FHA-insured loan ~~and~~. For many years, the Handbook also stated that “non-U.S. Citizens without lawful that “non-U.S. Citizens without lawful
residency in the U.S. are not eligible.”residency in the U.S. are not eligible.” ~~There was some~~82 Given this language, there was ongoing debate about the extent to which debate about the extent to which
recipients of deferred action (DACA) were eligible for FHA-insured loansrecipients 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~~. After a period of ambiguity about the eligibility of DACA recipients, FHA issued guidance in 2019 stating that DACA recipients were not currently, and technically never were, eligible for FHA- ~~were, eligible for FHA-~~
insured loans.insured loans.7883 In January 2021, FHA revised its policy, making DACA recipients eligible to apply for FHA loans.84 FHA later amended the language in the Handbook to reflect this policy change.85
RHS loans. RHS offers a Rural Housing guaranteed single-family loan product (Section 502(h)) . RHS offers a Rural Housing guaranteed single-family loan product (Section 502(h))
for eligiblefor eligible borrowers in rural areas. (It also offers the Section 502 Direct Loan program, which is 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 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.Section 502 guaranteed loan borrower be a U.S. citizen or qualified alien.7986 The regulations The regulations
define define qualified alien by referencing the definition under PRWORA. 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~~

~~Income Housing Credit Agencies Report of Noncompliance or Building Disposition, ” available at https://www.irs.gov/~~
~~pub/irs-utl/lihc-form8823guide.pdf.~~
~~75 For more information, see CRS~~ Beginning May 2, 2022, USDA implemented a temporary waiver expanding eligibility (for one year) for single family 79 For the purposes of this report, references to FHA loans are limited to Title II single-family forward loans, the largest FHA program. For more information on Title II loans, see CRS Report RS20530, Report RS20530, FHA-Insured Home Loans: An Overview..
76 80 FHA Single-Family FHA Single-Family ~~Housing~~ Housing Policy Handbook 4000.1, Section II.A.1.b.ii.(A)(9). Policy Handbook 4000.1, Section II.A.1.b.ii.(A)(9). Revised November 9, 2021. https://www.hud.gov/sites/https://www.hud.gov/sites/
~~documents/40001HSGH.PDF.~~
~~77 T he~~dfiles/OCHCO/documents/4000.1hsgh-112021.pdf 81 The term term non-permanent resident ~~alien~~ is not explicitly defined in the 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~~Handbook but non-permanent ~~resident aliens~~ ~~may be eligible~~ residents may be eligible if they if they
have a valid Socialhave a valid Social Security NumberSecurity Number (or are employed by the World Bank, an embassy, or equivalent) and if they are (or are employed by the World Bank, an embassy, or equivalent) and if they are
~~eligible~~ eligible to work in the United States (includingto work in the United States (including ~~refugees~~ refugees and asylees). Ibidand asylees). Ibid~~, p. 134.~~
~~78 See~~ . 82 For example, see FHA Single-Family Housing Policy Handbook 4000.1, Section II.A.1.b.ii.(A)(9), revised December 30, 2016. https://www.hud.gov/sites/documents/40001HSGH.PDF. 83 See Letter from Len Wolfson, Assistant Secretary for Congressional and Intergovernmental Affairs, to 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-Representative Aguilar, June 11, 2019, available at https://www.ncsha.org/resource/hud-letter-on-daca-fha-mortgage-
eligibility/. 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:~~
~~42 U.S.C. §1437a~~
~~Section 214-eligible noncitizens are~~

~~eligible for assistance. Mixed-status~~

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

~~Housing Choice Vouchers~~
~~benefits.~~

~~Section 8 project-based rental~~
~~assistance~~
~~USDA:~~
~~42 U.S.C. §1437a~~
~~Section 214-eligible noncitizens are~~

~~Rural Rental Assistance~~
~~7 C.F.R. §§3560.254(c)(3) eligible for assistance. Eligibility is~~
~~(Section 521)~~
~~and 3560.11~~
~~determined only for the head of~~
~~household; no proration of benefits~~

~~for mixed-status families.~~

~~Rural Development Voucher Program~~
Federal Register Noticesa
~~Section 214-eligible noncitizens are~~
~~(Section 542)~~
~~eligible for assistance. Eligibility is~~
~~determined only for the head of~~
~~household; no proration of benefits~~
~~for mixed-status families.~~

~~Single Family 502 Direct Loans and 504 42 U.S.C. §1436a~~
~~Section 214-eligible noncitizens are~~
~~Direct Loans and Grants~~
~~7 C.F.R. §§3550.53 and~~
~~eligible for assistance. Eligibility is~~
~~3550.10 (Section 502)~~
~~determined~~ 84 FHA, “FHA to Permit DACA Status Recipients to Apply for FHA Insured Mortgages,” FHA Info #21-04, January 20, 2021, https://www.hud.gov/sites/dfiles/SFH/documents/SFH_FHA_INFO_21-04.pdf. Waiver available at https://www.hud.gov/sites/dfiles/SFH/documents/SFH_FHA_INFO_21-04.pdf. 85 FHA Mortgagee Letter 2021-12, https://www.hud.gov/sites/dfiles/OCHCO/documents/2021-12hsgml.pdf; FHA Single-Family Housing Policy Handbook 4000.1, §II.A.1.b.ii(A)(9), revised November 9, 2021, https://www.hud.gov/sites/dfiles/OCHCO/documents/4000.1hsgh-112021.pdf. Note that this Handbook revision also, for the first time, incorporated guidance on two smaller FHA single-family loan products: Title I property improvement and manufactured housing loans. The newly incorporated guidance for these programs includes the older “lawful residency” language that had been otherwise replaced for Title II loans in this revision, making the eligibility status of DACA recipients for Title I programs less clear. 86 7 C.F.R. §3555.151(b) Congressional Research Service 16 link to page 22 link to page 22 Noncitizen Eligibility for Federal Housing Programs guaranteed loans to noncitizens with valid Social Security numbers and work authorization, which typically87 includes DACA recipients.88 USDA also stated that it would pursue a permanent change to the program regulations.89 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. Generally, only U.S. nationals, FAS citizens, and legal permanent residents are eligible to enlist in the U.S. military.90 Table 2. Noncitizen Eligibility for Housing Programs Relevant Statute, Regulations, or Programs Guidance Noncitizen Eligibility Section 214-Covered Programs HUD: 42 U.S.C. §1437a Section 214-eligible noncitizens are  eligible for assistance. Mixed-status Public Housing 24 C.F.R. §5.500 Subpart families receive prorated/reduced  E Housing Choice Vouchers benefits.  Section 8 project-based rental assistance USDA: 42 U.S.C. §1437a Section 214-eligible noncitizens are  eligible for assistance. Eligibility is Rural Rental Assistance 7 C.F.R. §§3560.254(c)(3) (Section 521) and 3560.11 determined only for the head of household; no proration of benefits for mixed-status families.  Rural Development Voucher Program Federal Register Noticesa Section 214-eligible noncitizens are (Section 542) eligible for assistance. Eligibility is determined only for the head of household; no proration of benefits for mixed-status families.  Single Family 502 Direct Loans and 504 42 U.S.C. §1436a Section 214-eligible noncitizens are Direct Loans and Grants 7 C.F.R. §§3550.53 and eligible for assistance. Eligibility is 3550.10 (Section 502) determined only for the head of 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)
Non-Section 214 HUD Grant and Housing Assistance Programs
Section 202 and Section 811 Project Section 202 and Section 811 Project Rental Rental
No provisio No provisionb
No regulatory restrictions No regulatory restrictions on on
Assistance Assistance
noncitizen eligibility; noncitizen eligibility; no federal no federal
requirementrequirement for verification of status. 87 Individuals granted deferred action may receive work authorization if they can demonstrate an economic necessity for employment. 88 USDA Rural Development, “Clarification of the Eligibility of Non-U.S. Citizens with Valid Social Security Numbers and Employment Authorization Documents,” press release, April 29, 2022, https://content.govdelivery.com/accounts/USDARD/bulletins/3159536. 89 Ibid. 90 See 10 U.S.C §504(b). The 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 17 link to page 22 link to page 22 link to page 22 link to page 22 link to page 22 link to page 22 link to page 22 link to page 22 Noncitizen Eligibility for Federal Housing Programs Relevant Statute, Regulations, or Programs Guidance Noncitizen Eligibility ~~for verification of status.~~
HOME, Community Development HOME, Community Development Block Block
No provisio No provisionb
No regulatory restrictions No regulatory restrictions on on
Grants, other grant programs Grants, other grant programs
noncitizen eligibility; noncitizen eligibility; no federal no federal
requirementrequirement for verification of status. for verification of status.
Homeless Homeless ~~Programs~~ Programs (Emergency Solutions (Emergency Solutions
No regulatory No regulatory ~~provision,b~~
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 HUD joint letter and fact from PRWORA restrictions.and fact from PRWORA restrictions. No No
HOPWA) HOPWA)
~~shee~~tcsheetc
federal requirement federal requirement for verification of for verification of
status. status.
Non-Section 214 USDA Rural Rental ~~Housing~~ Housing Programs
Farm Labor Housing Farm Labor Housing
42 U.S.C. 42 U.S.C. §1484 and 42 §1484 and 42
LPRs and persons LPRs and persons ~~legal y~~legally authorized authorized
(Section 514 and 516) (Section 514 and 516)
U.S.C. U.S.C. §1486 §1486
for work in agriculture (i.e., for work in agriculture (i.e., H2A visa H2A visa
7 C.F.R. §3560.624; 7 7 C.F.R. §3560.624; 7
holders) are eligible holders) are eligible for assistance. for assistance.
C.F.R. C.F.R. §3560.576; 7 §3560.576; 7
Eligibility Eligibility only determinedonly determined for head of for head of
C.F.R. C.F.R. §3560.11; and §3560.11; and
household; no proration of benefits household; no proration of benefits
USDA USDA ~~guidanc~~ecguidancec
for mixed-status families. for mixed-status families. If a unit is If a unit is
receivingreceiving Section 521 assistance (a Section 521 assistance (a
Section 214-covered program), Section 214-covered program),
Section 521 eligibilitySection 521 eligibility requirements apply. ~~requirements~~
~~apply.~~
~~Congressional Research Service~~
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~~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 Rural Rental Housing Loans
7 C.F.R. §3560.152 7 C.F.R. §3560.152
No current regulatory restriction No current regulatory restriction on on
(Section 515) (Section 515)
Regulation indefinitely Regulation indefinitely
noncitizen eligibility noncitizen eligibility and no federal and no federal
~~suspende~~ddsuspendedd
requirement requirement for verification of status. for verification of status.
If a unit is receivingIf a unit is receiving Section 521 or Section 521 or
Section 8 project-based rental Section 8 project-based rental
assistance (Section 214-covered assistance (Section 214-covered
programs),programs), that program’sthat program’s eligibility eligibility
requirementsrequirements apply. apply.
Multi-Family Housing Loan Multi-Family Housing Loan
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) Guarantees (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
No provision No provision
No federal noncitizen restrictions No federal noncitizen restrictions for for
Program (LIHTC) Program (LIHTC)
LIHTC properties. LIHTC properties. Units receiving Units receiving
other assistance are subject to those other assistance are subject to those
programs’programs’ noncitizen restrictions.noncitizen restrictions.
Single-Family Mortgage Insurance Programs
HUD FHA Single-Family HUD FHA Single-Family Loans Loans
FHA Single Family FHA Single Family
LPRs and LPRs and non-permanent ~~resident aliens~~ residents
Housing Policy Housing Policy
(including (including ~~refugees and asylees) are~~FAS migrants, refugees, and
Handbook 4000.1 Handbook 4000.1
~~eligible borrowers.e Those without~~
~~lawful residency~~ ~~are not~~ asylees) are eligible borrowers.e. DACA recipients are considered eligible. eligible.
USDA RHS 502(h) Guaranteed USDA RHS 502(h) Guaranteed
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 Loans
and 3555.10 and 3555.10
defined using PRWORA definition. defined using PRWORA definition.
~~VA Home~~ Under a temporary one-year waiver beginning May 2, 2022, noncitizens with valid Social Security numbers and work authorization are eligible.f VA Home Loans Loans
No provision No provision
Eligibility Eligibility based on veteran status, based on veteran status,
which is based on militarywhich is based on military service. service.
~~General y,~~ Generally, only U.S. nationals, LPRs, only U.S. nationals, LPRs,
and FAS citizens are eligibleand FAS citizens are eligible ~~to enlist.f~~ to enlist.g Congressional Research Service 18 link to page 19 link to page 20 link to page 20 Noncitizen Eligibility for Federal Housing Programs
Source: Prepared by CRS. Prepared by CRS.
a. U.S. Department of Agriculturea. U.S. Department of Agriculture (USDA), “Rural Development(USDA), “Rural Development Voucher Program:Voucher Program: Notice,” 82Notice,” 82 Federal
Register 21972 et seq., May 11, 2017. 21972 et seq., May 11, 2017.
b. Except as otherwise b. Except as otherwise noted, HUD has not identified which of its programsnoted, HUD has not identified which of its programs provide federal public benefits provide federal public benefits
and are thus subject to PRWORA. HUD has not issued regulations to implement and are thus subject to PRWORA. HUD has not issued regulations to implement PRWORA’sPRWORA’s noncitizen noncitizen
restrictionsrestrictions for any of these programs.for any of these programs.
c. Letter from c. Letter from Loretta E. Lynch, Attorney General of the United States, Sylvia M. Loretta E. Lynch, Attorney General of the United States, Sylvia M. ~~Burwel ,~~ Burwell, Secretary of Health Secretary of Health
and Human Services, and Human Services, and Julian Castro, Secretaryand Julian Castro, Secretary of Housing and Urban Development,of Housing and Urban Development, to Recipients of to Recipients of
FederalFederal Financial Assistance,Financial Assistance, August 5, 2016, available at https://files.hudexchange.info/resources/documents/August 5, 2016, available at https://files.hudexchange.info/resources/documents/
HUD-HHS-DOJ-Letter-Regarding-Immigrant-Access-to-Housing-and-Services.pdf.HUD-HHS-DOJ-Letter-Regarding-Immigrant-Access-to-Housing-and-Services.pdf. USDA Rural USDA Rural
DevelopmentDevelopment internal guidance, “Implementation of the Revised Definition of Domesticinternal guidance, “Implementation of the Revised Definition of Domestic Farm LaborersFarm Laborers for 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 d. U.S. Department of Agriculture (USDA),(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: Housing Programs: ~~Interim~~ Interim final rule; delay of effective date,” 70final 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 e. See ~~footnote 79.~~
f.
~~See footnote 80.~~
~~Congressional Research Service~~
17

~~Noncitizen Eligibility for Federal Housing Programs~~
footnote 81. f. See footnote 88. g. See footnote 90.
Recent Administrative Actions
Public Charge
Under the Immigration and Nationality Act (INA), an alien may be denied admission into the 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 “likelyUnited States or LPR status if he or she is “likely at any time to become a public charge” (8 at any time to become a public charge” (8
U.S.C. §1182(a)(4)).U.S.C. §1182(a)(4)).8191 The INA does not define the term The INA does not define the term public charge..8292 Thus, the determination Thus, the determination
of whether an alien is of whether an alien is ~~inadmissible83~~inadmissible93 on public charge grounds turns largely on standards set forth on public charge grounds turns largely on standards set forth
in agency guidance materials.in agency guidance materials.8494
From 1999 to 2019, From 1999 to 2019, ~~agency85~~agency95 guidance defined guidance defined public charge to mean a person who is or is likely to mean a person who is or is likely
to become primarily dependent on public cash assistance or government-funded to become primarily dependent on public cash assistance or government-funded
institutionalizationinstitutionalization for long-term care.for long-term care.8696 This definition was changed on August 15, 2019, when This definition was changed on August 15, 2019, when
DHS published a final rule that defined DHS published a final rule that defined public charge as someone “more likely than not at any 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 time in the future to receive one or more public benefits ... for more than 12 months within any
36-month period.”36-month period.”8797 This rule also expanded the list of public benefits considered in public charge This rule also expanded the list of public benefits considered in public charge
~~determinations to include nine programs, including three housing programs: (1) Section 8 project-~~
~~based rental assistance, (2) the 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 91 An admitted alien may also be An admitted alien may also be subject to removal from the United States basedsubject to removal from the United States based on a separate publicon a separate public charge ground of charge ground of
deportability, but this isdeportability, but this is rarely employed. rarely employed.
8292 For more information on the public charge, see CRS For more information on the public charge, see CRS In Focus IF11467, In Focus IF11467, Immigration: Public Charge. .
8393 “Aliens who are inadmissible “Aliens who are inadmissible ... are ineligible... are ineligible to receive visas and ineligibleto receive visas and ineligible to be admitted to the United States” (8 to be admitted to the United States” (8
U.S.C.U.S.C. §1182). A noncitizen can be deemed§1182). A noncitizen can be deemed ~~inadmissible~~ inadmissible for health, security, public charge, and criminal-related for health, security, public charge, and criminal-related
grounds,grounds, among others. among others.
~~84 T he~~ 94 The Department of Homeland Security and the Department of State have primary responsibility for implementing the Department of Homeland Security and the Department of State have primary responsibility for implementing the
publicpublic charge ground of inadmissibility. charge ground of inadmissibility.
8595 Formerly the Department of Justice’s Immigration and Formerly the Department of Justice’s Immigration and ~~Naturalizat ion~~Naturalization Service, now Service, now ~~the Depart ment~~ the Department of Homeland of Homeland
Security (DHS).Security (DHS). ~~DHS, established~~ DHS, established in 2002, includesin 2002, includes the agencies that are currently responsible for mostthe agencies that are currently responsible for most federal federal
immigration functions. immigration functions.
8696 DOJ, Immigration and Naturalization Service, “Field Guidance DOJ, Immigration and Naturalization Service, “Field Guidance on Deportability and Inadmissibility on Public on Deportability and Inadmissibility on Public
Charge Grounds,”Charge Grounds,” 64 64 Federal Register 28689, March 26, 1999, at https://www.govinfo.gov/content/pkg/FR-1999-05-28689, March 26, 1999, at https://www.govinfo.gov/content/pkg/FR-1999-05-
26/pdf/99-13202.pdf. 26/pdf/99-13202.pdf.
8797 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 publicnot count as public benefits under the regulations. Additionally, DHSbenefits under the regulations. Additionally, DHS is to consider only benefits directly received by Congressional Research Service 19 Noncitizen Eligibility for Federal Housing Programs determinations to include nine programs, including three housing programs: (1) Section 8 project-based rental assistance, (2) the Housing Choice Vouchers, and (3) Public Housing.98 There were multiple lawsuits challenging the Public Charge Final Rule, and DHS decided not to defend the rule on appeal.99 Thus, on March 9, 2021, the agency reverted back to the 1999 definition.100 In February 2022, DHS published a Notice of Proposed Rulemaking that proposes to codify in the Code of Federal Regulations a definition of the term likely at any time to become a public charge based on a standard similar to the 1999 guidance.101 The proposed rule was open for a 60-day public comment period, which ended on April 25, 2022.102~~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.,~~
~~a U.S. citizen child).~~
~~88 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~~
~~Program (SNAP), and Medicaid (with exceptions).~~
~~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 On May 10, 2019, HUD released a proposed rule to revise its interpretation of Section 214 and
end eligibilityend eligibility for mixed-status families in Section 214-covered programs.for mixed-status families in Section 214-covered programs.~~91 Additional y~~103 Additionally, the rule , the rule
would have established new documentation requirements for citizens. In the preamble to the 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 proposed rule, HUD contended that this policy change was consistent with various executive
orders issued by President Trump.orders issued by President Trump.92104 The Trump Administration included, in the Office of The Trump Administration included, in the Office of
Management and Budget’s Spring 2019 Unified Agenda and Regulatory Plan,Management and Budget’s Spring 2019 Unified Agenda and Regulatory Plan, 93105 a statement of a statement of
USDA’s intent to publish regulatory revisions to the treatment of mixed-status families for rural USDA’s intent to publish regulatory revisions to the treatment of mixed-status families for rural
housing programs.housing programs.94106
Following the transition from the Trump Administration to the Biden Administration, HUD Following the transition from the Trump Administration to the Biden Administration, HUD in in
spring 2021 spring 2021 ~~formal y~~formally withdrew the mixed withdrew the mixed -status family proposed status family proposed ~~rule95~~rule107 and USDA announced its and USDA announced its
long-term intent to harmonize its requirements with those of HUD.long-term intent to harmonize its requirements with those of HUD.96108 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). 98 The other six programs are Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), state general assistance, benefits provided for institutionalized long-term care, the Supplemental Nutrition Assistance Program (SNAP), and Medicaid (with exceptions). 99 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. 100 For more information, see CRS Congressional Distribution Memorandum, Trump Administration Actions on the Treatment of Noncitizens Related to Federal Housing Assistance, available to congressional clients from the authors upon request. 101 DHS, “Public Charge Ground of Inadmissibility,” 87 Federal Register 10570, February 24, 2022. 102 For more information, see CRS Insight IN11217, Immigration: Public Charge Updates. 103 HUD

~~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 , “Amendments to Further Implement Provisions of the
~~Housing~~ Housing and Community Development Act of 1980,” 84and Community Development Act of 1980,” 84 Federal Register 20589, May 10, 2019. 20589, May 10, 2019.
92104 Ibid. Ibid.
93105 See See Office of Management and Budget,Office of Management and Budget, Office of Information and Regulatory Affairs, “Office of Information and Regulatory Affairs, “ Implementation of the Multi-Implementation of the Multi-
Family HousingFamily Housing U.S. Citizenship Requirements,” at https://www.reginfo.gov/public/do/eAgendaViewRule?U.S. Citizenship Requirements,” at https://www.reginfo.gov/public/do/eAgendaViewRule?~~pubI d=~~
pubId=201904&RIN=0575-AC86. 201904&RIN=0575-AC86.
94 106 For more information, see CRS For more information, see CRS Congressional Distribution Memorandum, Congressional Distribution Memorandum, Trump Administration Actions on the
~~Treatm ent~~Treatment of Noncitizens Related to Federal Housing Assistance, available available to congressional clients from the authors to congressional clients from the authors
upon request. upon request.
~~95 Department of Housing and Urban Development~~107 HUD, Housing and Community Development Act of 1980: Verification , Housing and Community Development Act of 1980: Verification
of Eligibleof Eligible Status; Withdrawal; Regulatory Review,Status; Withdrawal; Regulatory Review, 86 86 Federal Register 17346-17347, April 2, 2021. 17346-17347, April 2, 2021.
96 108 Office of Management and Budget, Office of Management and Budget, Office of Information and Regulatory Affairs, “Office of Information and Regulatory Affairs, “ Implementation of the Multi-Implementation of the Multi-
Family HousingFamily Housing U.S. Citizenship Requirements,” atU.S. Citizenship Requirements,” at https://www.reginfo.gov/public/do/eAgendaViewRule?https://www.reginfo.gov/public/do/eAgendaViewRule?~~p ubI d~~pubId==
202104&RIN=0575-AC86. 202104&RIN=0575-AC86.
Congressional Research Service Congressional Research Service
1920

Noncitizen Eligibility for Federal Housing Programs

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

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Congressional Research Service Congressional Research Service
R46462 R46462 · VERSION 46 · UPDATED
2021