Noncitizen Eligibility for Federal Housing Programs

Noncitizen Eligibility for Federal Housing Programs

Noncitizen Eligibility for Federal Housing
January 23, 2023
Programs
Maggie McCarty
Noncitizen eligibility for federal housing programs varies based on the programs in question, the
Specialist in Housing Policy
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.
Abigail F. Kolker
Analyst in Immigration
Two primary laws directly address noncitizen eligibility for federal housing programs. The first
Policy
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
Department of Housing and Urban Development (HUD) and the Department of Agriculture
For a copy of the full report,
(USDA), including the Public Housing, Housing Choice Voucher, Section 8 project-based rental
please call 7-5700 or visit
assistance programs, and rural rental assistance. The law makes eligible for assistance certain
www.crs.gov.
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
and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-193). PRWORA makes all noncitizens, except those
deemed qualified aliens, ineligible for federal public benefits, 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,
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
authorizing statutes. In other cases, noncitizen restrictions are at agency discretion.
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,
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. Mixed-
status families (those comprised of both eligible and ineligible members) may receive prorated, or reduced,
benefits, depending on the program.
 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.
 In the case of federally guaranteed single-family mortgage programs, noncitizen eligibility varies based on
agency guidance.
The Trump Administration took a number of administrative actions to change the treatment of housing assistance in public
charge determinations and the treatment of mixed-status families in housing programs; these actions have been reversed by
the Biden Administration.

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Contents
Introduction ..................................................................................................................................... 1
Housing Programs ..................................................................................................................... 1
Noncitizens and Immigration Categories .................................................................................. 2
Laws Governing Noncitizen Eligibility ........................................................................................... 4
Section 214 ................................................................................................................................ 4
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA; P.L. 104-193) ..................................................................................................... 5
Qualified Alien .................................................................................................................... 5
Exemptions ......................................................................................................................... 6
Differences Between Section 214 and PRWORA ..................................................................... 7
Other Laws ................................................................................................................................ 9
Implementing Regulations............................................................................................................. 10
HUD ........................................................................................................................................ 10
USDA ....................................................................................................................................... 11
Policies for Specific Federal Housing Programs ............................................................................ 11
Section 214-Covered Programs ................................................................................................ 11
Mixed-Status Families in Section 214-Covered Programs ................................................ 11
Non-Section 214 HUD Housing Assistance and Grant Programs........................................... 12
HUD Homeless Assistance Programs ............................................................................... 13
Non-Section 214 USDA Rural Rental Housing Programs ...................................................... 14
Low Income Housing Tax Credits........................................................................................... 15
Single-Family Mortgage Insurance Programs ......................................................................... 16
Recent Administrative Actions ...................................................................................................... 19
Public Charge .......................................................................................................................... 19
Proposed Revisions to Section 214 Regulations ..................................................................... 20

Tables
Table 1. Eligible Immigration Categories: Comparison of Section 214 and PRWORA ................. 8
Table 2. Noncitizen Eligibility for Housing Programs .................................................................. 17

Contacts
Author Information ........................................................................................................................ 21

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Noncitizen Eligibility for Federal Housing Programs

Introduction
The federal government has authorized and funds a variety of housing programs, including direct
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
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
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
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
immigration statuses of noncitizens. It continues with an overview of the relevant statutes
governing noncitizen eligibility, followed by a discussion of policy implementation as applied to
various programs. The report closes with a discussion of recent administrative actions relevant to
federal housing programs.
Housing Programs
Federal housing programs include both direct assistance programs that provide low-cost
apartments and rental vouchers to low-income families, administered through local public, quasi-
public, and private intermediaries; as well as relatively flexible grants to state and local
governments that can be used to serve homeless people, build affordable housing, provide
assistance to first-time homebuyers, and promote community development. The federal
government also makes tax credits available to states to distribute to developers of low-cost
housing and provides mortgage insurance or guarantees to lenders that make certain types of
mortgages to eligible homebuyers or developers of multifamily housing.
Most of these programs are administered at the federal level by the Department of Housing and
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
Service (IRS), and the Department of Veterans Affairs (VA). In nearly all cases, the assistance the
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
organizations; or, in the case of mortgage insurance programs, financial institutions. (For more
information about federal housing programs, see CRS Report RL34591, Overview of Federal
Housing Assistance Programs and Policy.)
Different laws, and different agency interpretations of those laws, govern noncitizen eligibility for
federal housing programs. Two primary laws address their eligibility for the programs. Section
214 of the Housing and Community Development Act of 1980, as amended, makes certain
categories of noncitizens eligible for a prescribed set of federal direct housing assistance
programs (including the largest rental assistance programs: Public Housing, Housing Choice
Vouchers, and Section 8 project-based rental assistance, as well as rural rental assistance). The
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, P.L. 104-

1 Throughout this report, the terms noncitizens, foreign nationals, and aliens are used interchangeably. U.S.
immigration law uses the term alien, defined by the Immigration and Nationality Act, to mean persons who are not
U.S. citizens or U.S. nationals (e.g., persons born in certain U.S. territories, such as American Samoa). Moreover, for
the purposes of this report, the term U.S. citizen includes U.S. nationals.
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193), makes all noncitizens except those deemed qualified aliens ineligible for federal public
benefits, defined to include housing assistance.
Noncitizens and Immigration Categories
Noncitizen eligibility for public benefits, including housing programs, varies by immigration
status. The following is a list of the immigration categories discussed in this report:
 Afghan parolees are Afghans2 paroled into the United States between July 31,
2021, and September 30, 2023.3
 Certain humanitarian cases include Cuban-Haitian entrants4 and certain
abused spouses and children (e.g., Violence Against Women Act (VAWA) Self-
Petitioners).5
 Deferred Action for Childhood Arrivals (DACA)6 recipients are unauthorized
childhood arrivals who have been granted renewable two-year protection from
removal.
 Freely Associated States (FAS) migrants7 are citizens of the Marshall Islands,
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
States.8
 Lawful permanent residents (LPRs)9 are permitted to live in the United States
permanently (also referred to as green card holders).
 Nonimmigrants10 are admitted to stay in the United States on a temporary basis
and for a specific purpose (e.g., tourists; students; diplomats; temporary workers,
including H-2A agricultural guest workers).11

2 Or individuals with no nationality who last habitually resided in Afghanistan.
3 Or those paroled after September 30, 2023, 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), Cuban Haitian Entrant Program
(CHEP), at https://www.uscis.gov/archive/archive-news/cuban-haitian-entrant-program-chep.
5 This refers to certain aliens who have been abused (subject to battery or extreme cruelty) in the United States by a
spouse or other family/household member, aliens whose children have been abused, and alien children whose parent
has been abused. In these cases, an alien must have been approved for, or has pending an application/petition with a
prima facie case for, immigration preference as a spouse or child or cancellation of removal.
6 For more information, see CRS Report R45995, Unauthorized Childhood Arrivals, DACA, and Related Legislation.
7 For background information, see CD1316834, Summary of S. 2218, the Covering Our FAS Allies Act, as introduced
(available to congressional clients upon request).
8 For background information on the compacts, see CRS Report RL31737, The Marshall Islands and Micronesia:
Amendments to the Compact of Free Association with the United States.
9 For more information, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
10 For more information, see CRS Report R45040, Immigration: Nonimmigrant (Temporary) Admissions to the United
States.
11 For more information, see CRS Report R44849, H-2A and H-2B Temporary Worker Visas: Policy and Related
Issues.
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 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 in the United States indefinitely. After one year in these
statuses, they may apply to adjust their immigration status to become LPRs.15
 Temporary Protected Status (TPS)16 holders have been granted temporary
relief from removal due to armed conflict, natural disaster, or other extraordinary
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 undocumented immigrants)
are foreign nationals who enter without inspection, enter with fraudulent
documents, or enter legally but overstay the terms of their temporary stay.
 Victims of trafficking19 and their families who have received a T nonimmigrant
visa can live in the United States for up to four years;20 they may apply for LPR
status after three years.
 Certain aliens present in the United States are granted withholding of removal21
based on persecution on account of race, religion, nationality, membership in a
particular social group, or political opinion. Withholding of removal provides
protection from removal.22
As discussed below, different federal housing programs are governed by different laws and
regulations. Depending on the program, noncitizens may or may not be eligible based on their
immigration status. (In addition, they must also meet the program’s eligibility requirements.)
Mixed-status families are comprised of members with differing immigration statuses. For the
purposes of this report, mixed-status families refers to families that contain individuals who are

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 adjustment of status 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. embassy or consulate abroad).
16 For more information, see CRS Report RS20844, Temporary Protected Status and Deferred Enforced Departure.
17 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 visa but have received a Continued Presence document from the
Department of Homeland Security (granted in order to help law enforcement prosecute human traffickers) may also
remain in the United States. U.S. Department of Homeland Security (DHS), Continued Presence: Temporary
Immigration Status for Victims of Human Trafficking, at https://www.dhs.gov/blue-campaign/materials/pamphlet-
continued-presence.
21 8 U.S.C. §1231.
22 For more information, see CRS Report R45993, Legalization Framework Under the Immigration and Nationality Act
(INA).
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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
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
Section 8 project-based rental assistance) as well as some older programs that are no longer
active.25 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
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
program.26 (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
would otherwise qualify under Section 214.)27
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-
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
private property owners—both for-profit and nonprofit—under contract with HUD or RHS.28
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,29 refugee,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 Rental
Supplement programs.
26 For more information on rural housing programs, see CRS Report RL31837, An Overview of USDA Rural
Development Programs.
27 This restriction on the Secretary was added to the Housing Act of 1949 in 1988 by P.L. 100-242, § 302(a); see 42
U.S.C. §1471(h).
28 For more information about federal housing programs, see CRS Report RL34591, Overview of Federal Housing
Assistance Programs and Policy.
29 42 U.S.C. §1436a(a)(1) and (2) and (6).
30 42 U.S.C. §1436a(a)(3).
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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.
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (PRWORA; P.L. 104-193)
Among other things,35 PRWORA established new restrictions on the eligibility of noncitizens for
public benefits. PRWORA explicitly states that aliens, unless they are qualified aliens, are not
eligible for federal public benefits. PRWORA defines federal public benefit to include “public or
assisted housing … or any similar benefit for which payments or assistance are provided to an
individual, household, or family eligibility unit by an agency of the United States or by
appropriated funds of the United States.”36 However, the law does not specify further; thus, it has
been left to agency guidance to determine which programs are federal public benefit programs
(see the “Implementing Regulations” section). PRWORA also included more stringent eligibility
requirements for federal means-tested public benefit programs, but no housing programs have
been determined to fall under this category.37
Qualified Alien
PRWORA created the term qualified alien,38 which did not previously exist in immigration law,
to encompass the categories of noncitizens who are not prohibited by PRWORA from receiving

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
Entrants, Vietnamese-born Amerasians, and aliens granted withholding of removal. For more information, see CRS
Report RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy Overview.
38 P.L. 104-193 §431; 8 U.S.C. §1641.
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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
holders, short-term parolees, asylum applicants, and unauthorized immigrants.
Exemptions
PRWORA exempts certain types of programs, usually thought of as emergency programs, from
alien eligibility requirements, including short-term, in-kind emergency disaster relief and services
or assistance (such as short-term shelters) designated by the Attorney General as (1) delivering in-
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
housing, then-Attorney General Janet Reno determined this to include the following:
 short-term shelter or housing assistance for the homeless; victims of domestic
violence; or runaway, abused, or abandoned children; and
 programs, services, or assistance to help individuals during periods of heat, cold,
or other adverse weather conditions.46
Aliens who do not meet the definition of qualified aliens are eligible for these emergency
programs.
In addition, any aliens who were receiving the following assistance on the date of the enactment
of PRWORA (August 22, 1996) are exempt from PRWORA’s eligibility restrictions as they
pertain to those programs:
 programs for housing or community development assistance or financial
assistance administered by the Secretary of HUD,
 any program under Title V of the Housing Act of 1949 (USDA rural housing
programs), or

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 Federal Register, p. 45985, August 30, 1996, https://www.govinfo.gov/content/pkg/FR-1996-08-30/pdf/96-
22233.pdf. The notice of final order was published in January 2001, and did not significantly alter the original notice.
66 Federal Register, p. 3613, January 16, 2001, https://www.govinfo.gov/content/pkg/FR-2001-01-16/pdf/01-1158.pdf.
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 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 Protection Act of 2000 (P.L. 106-386). While the law did not amend Section 214 or PRWORA, it made
victims of trafficking eligible for benefits and services “under any Federal or State program” to the same extent as
refugees (§107).
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 noncitizens who are eligible under Section 214 are qualified
aliens under PRWORA, and vice versa. However, there are several categories of noncitizens
where the laws are different:
 While both statutes allow eligibility for parolees, PRWORA states that parolees
are only qualified aliens if they are granted parole for at least one year, while no
time limit is specified in Section 214.
 PRWORA permits otherwise ineligible aliens receiving certain benefits on
August 22, 1996, to continue to receive such benefits.
 Section 214 lists FAS migrants as eligible but they are not qualified under
PRWORA.
 There are two categories of noncitizens listed as qualified aliens under PRWORA
that are not listed as eligible under Section 214:
 Certain abused spouses and children (e.g., VAWA Self-Petitioners), and
 Cuban-Haitian 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).
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The inconsistent statutory treatment of certain categories of noncitizens between Section 214 and
PRWORA has led some to call for statutory changes.49 For Section 214-covered programs, the
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
qualified under PRWORA may be being treated as eligible under Section 214 programs. As a
specific example, HUD’s Office of General Counsel issued a memorandum in late 2016 stating
that the department has determined that VAWA Self-Petitioners are in “satisfactory immigration
status” when applying for assistance under Section 214-covered programs.50 HUD has not issued
similarly direct guidance regarding Cuban/Haitian entrants. However, when asked for
clarification on the status of Cuban/Haitian entrants in a comment on a proposed rule, HUD
responded that “any immigrant who is lawfully in this country and meets other program eligibility
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 (e.g., tourists, students,
Ineligible
Not Qualified
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
Department [of Housing and Urban Development] to work with the Department of Justice to develop any necessary
technical corrections to applicable housing statutes with respect to qualified aliens who are victims of domestic
violence and Cuban and Haitian immigrants to ensure that such statutes are consistent with the Personal Responsibility
and Work Opportunity Act of 1996 and the Illegal Immigration Reform and Personal Responsibility Act of 1996”
(H.Rept. 108-10).
50 Memorandum from Tonya Robinson, Acting General Counsel, to Julian Castro, Secretary, Subject: “Eligibility of
Battered Noncitizen Self-Petitioners for Financial Assistance under Section 214 of the Housing and Community
Development Act of 1980,” December 15, 2016, http://library.niwap.org/wp-content/uploads/Eligibility-of-VAWA-
Self-Petitioners-2016-12-14.pdf.
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).
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Qualified Alien under
Immigration Categories
Section 214-Eligible
PRWORA
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
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. See discussion in the “Differences Between Section 214 and PRWORA” section.
d. Otherwise ineligible aliens who were receiving housing, community development, or financial assistance
administered by the Secretary of HUD, assistance under any program under Title V of the Housing Act of
1949, or any assistance under Section 306C of the Consolidated Farm and Rural Development Act on the
date PRWORA was enacted (August 22, 1996) are exempt from PRWORA’s eligibility restrictions.
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 eligibility for
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.
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
requirements for those programs.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)).
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properties be either U.S. citizens or persons legally admitted for permanent residence. In 2018,
the law was amended to also make eligible persons legally admitted and authorized to work in
agriculture (e.g., temporary agricultural workers under the H2A program).54
Implementing Regulations
The statutory restrictions on noncitizen eligibility for federal housing programs included in
Section 214, PRWORA, and others laws require federal agencies to issue regulations and
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
outlines the relevant regulatory processes by agency. It is followed by a discussion of how these
policies are implemented for specific programs.
HUD
While Section 214 was enacted in 1980, and substantially amended and expanded in scope in
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
implementation of various final rules issued over that period,55 a court injunction,56 and the need
to amend the proposed rules to reflect statutory changes to Section 214.57
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 well as requirements regarding
how program administrators should verify noncitizen eligibility.
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
made effective, P.L. 98-181 was enacted, which contained a provision prohibiting HUD from implementing the
statutory changes contained in the rule for at least one year. HUD published a new final rule on April 1, 1986, but after
several delayed implementation dates, the FY1987 HUD appropriations law (P.L. 99-500) prohibited HUD from using
funds appropriated in that or any other act to implement the rule.
56 For more information, see the “Supplementary Information” section of Department of Housing and Urban
Development, “Aliens: Withdrawal of Restrictions on the Use of Assisted Housing: Final Rule,” 53 Federal Register
842, January 13, 1988.
57 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
Noncitizens,” 91 Federal Register 25726, May 12, 1999.
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
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USDA
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
prohibited the Secretary of Agriculture from restricting access to rural housing programs to
anyone who would otherwise be eligible under Section 214.
USDA did not undertake a separate rulemaking process to implement laws restricting noncitizen
eligibility in rural housing programs, nor did it issue any clarification regarding which, if any, of
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
restrictions as a part of broader rural housing program rulemaking.60
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
require the verification of eligibility for the head of household.
Policies for Specific Federal Housing Programs
Section 214-Covered Programs
The largest federal direct housing assistance programs are all covered by the restrictions on
noncitizen eligibility set forth in Section 214. These include HUD’s Public Housing program, the
Housing Choice Voucher (HCV) program, and the Section 8 project-based rental assistance
program, as well 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 all provide deep
subsidies to reduce the costs of low-income families’ rent or mortgage payments. Combined, they
serve roughly 5 million families.61
Under Section 214, each of these programs limits eligibility to U.S. citizens and certain
noncitizens made eligible under the section (for specific immigration categories and their
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, “Memorandum Opinion for the General Counsel
for the Department of Health and Human Services, Proposed Agency Interpretation of ‘Federal Means-Tested Public
Benefits’ Under Personal Responsibility and Work Opportunity Reconciliation Act of 1996,” January 14, 1997).
60 For specific regulations, see Table 2 later in this report.
61 For more information on these and other federal housing programs, see CRS Report RL34591, Overview of Federal
Housing Assistance Programs and Policy.
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immigration status. A prorated housing benefit is calculated by reducing the benefit due to the
family by the proportion of ineligible noncitizens in the household.62
In contrast, USDA’s regulations implementing Section 214 for rural housing programs do not
directly address mixed-status families. Instead, they base noncitizen eligibility only on the status
of the head of household, with no proration of benefit for mixed-status households. Thus, a
mixed-status family headed by an ineligible noncitizen (e.g., an ineligible mother with two U.S.
citizen children) is ineligible for assistance under Section 214-covered USDA rural housing
programs, but is eligible for prorated benefits under Section 214-covered HUD programs.
Conversely, a mixed-status family headed by a U.S. citizen with ineligible noncitizen members
(e.g., a U.S. citizen married to an ineligible noncitizen) is eligible for full benefits under Section
214-covered USDA rural housing programs, but would receive prorated benefits under Section
214-covered HUD programs.
Verification of Immigration Status and Documentation Requirements: HUD
Section 214 requires noncitizen applicants to provide documentation of eligible immigration status. In the case of
HUD programs, under federal regulations and guidance all applicants must sign a certification (under penalty of
perjury) for each household member (1) declaring status as a U.S. citizen, (2) declaring eligible immigration status
and providing supporting documentation, or (3) stating that the individual is choosing not to claim eligible status
and acknowledging ineligibility for assistance. Individuals age 62 and older and individuals who were receiving
assistance prior to September 30, 1996, are exempted from providing documentation.
HUD program administrators are required to verify any documentation provided by noncitizens. They are
authorized to use the Systematic Alien Verification for Entitlements (SAVE) system, administered by U.S.
Citizenship and Immigration Services (USCIS). SAVE is used to obtain immigration status information to determine
eligibility for public benefits based on noncitizen eligibility restrictions, which vary depending on which laws govern
the program (e.g., Section 214 or PRWORA). The SAVE system does not determine eligibility for HUD programs,
but rather provides information on the noncitizen’s status so that the program’s administrators can make an
eligibility determination.
U.S. citizens are not required under federal law to provide proof of status beyond the signed declaration, although
HUD’s recent proposed rule (discussed later in this report) would create new documentation requirements for
U.S. 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 substantially
similar to those covered by Section 214 and programs that are substantially different. Some HUD
rental assistance programs, including those for persons who are elderly or have disabilities (under
the Section 202 and Section 811 programs),63 are not covered by Section 214 even though they
are structurally similar to rental assistance programs that are covered under it (such as Section 8
project-based rental assistance).64 Other HUD programs are significantly different from the
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.
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various housing and related activities; these include, among others, the Community Development
Block Grant (CDBG) program65 and the HOME Investment Partnerships program.66
The extent to which PRWORA restrictions on noncitizen eligibility apply to HUD programs not
covered by Section 214 is unclear. HUD has not issued guidance defining which types of
assistance under these programs are federal public benefits and thus subject to PRWORA’s
noncitizen eligibility restrictions.67
If these programs provide federal public benefits triggering PRWORA restrictions, then
nonqualified aliens (e.g., unauthorized aliens) would not be legally eligible for assistance.68
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
benefits under these programs, beneficiaries’ citizenship or immigration status is not required to
be verified for assistance that is provided by charitable organizations.
HUD Homeless Assistance Programs
Additional considerations apply to HUD homeless assistance programs, including the Emergency
Solutions Grants (ESG) program, the Continuum of Care (CoC) program, and the Housing
Opportunities for Persons with AIDS (HOPWA) program.69 These programs fund various forms
of housing assistance and related supports for persons who are homeless, including emergency
shelter, transitional housing, short-term rental assistance, and permanent supportive housing.
As noted previously, PRWORA contains an exception allowing nonqualified aliens access to
emergency programs. The exception applies if the benefit provided meets three requirements:
1. it is an in-kind benefit provided through public or private nonprofit organizations,
2. it is not conditioned on a client’s income or resources, and
3. it is necessary for the protection of life and safety.
As is the case with the other housing assistance and grant programs, HUD has not issued
regulations to clarify whether HUD homeless assistance programs are considered federal public
benefits and therefore subject to PRWORA’s noncitizen eligibility restrictions. However, in 2016
HUD, the Department of Justice, and the Department of Health and Human Services issued a
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, Community Development Block Grants and Related Programs: A
Primer.
66 For more information, see CRS Report R40118, An Overview of the HOME Investment Partnerships Program.
67 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.
68 Except for exempted activities, such as emergency shelter, as discussed earlier in this report.
69 For more information, see CRS Report RL33764, The HUD Homeless Assistance Grants: Programs Authorized by
the HEARTH Act; and CRS Report RL34318, Housing for Persons Living with HIV/AIDS.
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.
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 Emergency Shelter,
 Safe Haven,
 Rapid Rehousing, and
 Transitional Housing (in some cases).
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.
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
qualify for exemption. However, the letter reminds recipients that PRWORA does not require
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
regarding the applicability of PRWORA to HOPWA and other HUD programs. The memorandum
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.71
As of the cover 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
Rental Assistance (Section 521) and the Rural Development Voucher Program (Section 542)—are
covered by the noncitizen eligibility restrictions of Section 214 (and were discussed previously in
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 538)—each have different noncitizen restrictions.
Farm Labor Housing (Section 514 and Section 516): The Farm Labor Housing programs
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
household must be a domestic farmworker. The law that governs the program defines a domestic
farmworker to include only those who are U.S. citizens, LPRs, or (since 2018) legally authorized
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
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
Inspector General, Memorandum No: 2017-CF-0801, Kansas City, KS, August 21, 2017, https://www.hudoig.gov/
sites/default/files/documents/2017-CF-0801.pdf.
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.
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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
notice indefinitely delaying the application of noncitizen restrictions to the Section 515 program
before they took effect.73 In that suspension notice, USDA noted that comments received
“suggested that Agency procedures unnecessarily imposed more requirements” than those
required under HUD programs and that the agency intended to “harmonize its procedures with
HUD.”74 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
unit is also receiving rental assistance under Section 521, the more restrictive Section 521
noncitizen eligibility criteria are in effect.75
Multifamily Guaranteed Loan Program (Section 538). The Section 538 program allows USDA
to guarantee loans for certain multifamily housing properties in rural areas. Occupancy in Section
538 properties is restricted to qualified aliens, defined in USDA regulations as those eligible
under Section 214.76
Low Income Housing Tax Credits
The Low Income Housing Tax Credit (LIHTC) program, administered by the Internal Revenue
Service (IRS), provides per capita federal tax credit allocations to states, which in turn allocate
those credits to developers of affordable rental housing for lower-income individuals and
families.77 The law authorizing the program does not address noncitizen eligibility for tenancy in
LIHTC-funded housing developments, nor do the program’s implementing regulations or
guidance. Thus, there are no current federal noncitizen eligibility restrictions for LIHTC units.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
Programs: Interim final rule; delay of effective date,” 70 Federal Register 8503, February 22, 2005, available at
https://www.govinfo.gov/content/pkg/FR-2005-02-22/pdf/05-3226.pdf.
74 Ibid. See “Summary.”
75 Some older Section 515 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.
76 U.S. Department of Agriculture (USDA), “Guaranteed Rural Rental Housing Program: Interim Final Rule with
Request for Comments,” 63 Federal Register 39452 et seq., July 22, 1998, https://www.govinfo.gov/content/pkg/FR-
1998-07-22/pdf/98-19558.pdf.
77 For more information, see CRS Report RS22389, An Introduction to the Low-Income Housing Tax Credit.
78 While there are no federal restrictions related to noncitizen eligibility, individual LITHC property owners and
managers may elect to require that tenants provide proof of legal residency in the United States, as long as they do so
uniformly and without violation of the Fair Housing Act. See “IRS Publication Guide for Completing Form 8823, Low-
Income Housing Credit Agencies Report of Noncompliance or Building Disposition,” available at https://www.irs.gov/
pub/irs-utl/lihc-form8823guide.pdf.
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Single-Family Mortgage Insurance Programs
The federal government supports a number of single-family mortgage insurance or guarantee
programs. These programs allow the government to insure or guarantee single-family mortgage
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
programs has different requirements for noncitizen eligibility.
FHA loans. The Federal Housing Administration (FHA) at HUD insures certain single-family
mortgages offered through private lenders.79 While no statute or regulations address noncitizen
eligibility for FHA-insured single-family loans, guidance in FHA’s Single-Family Housing
Policy Handbook80 states that only lawful permanent residents and non-permanent residents81 that
meet certain conditions are eligible to receive an FHA-insured loan. For many years, the
Handbook also stated that “non-U.S. Citizens without lawful residency in the U.S. are not
eligible.”82 Given this language, there was ongoing debate about the extent to which recipients of
deferred action (DACA) were eligible for FHA-insured loans. 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-insured loans.83 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))
for eligible borrowers in rural areas. (It also offers the Section 502 Direct Loan program, which is
covered under Section 214, as discussed earlier in this report.) USDA regulations require that a
Section 502 guaranteed loan borrower be a U.S. citizen or qualified alien.86 The regulations
define qualified alien by referencing the definition under PRWORA. 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, FHA-Insured Home Loans: An
Overview.
80 FHA Single-Family Housing Policy Handbook 4000.1, Section II.A.1.b.ii.(A)(9). Revised November 9, 2021.
https://www.hud.gov/sites/dfiles/OCHCO/documents/4000.1hsgh-112021.pdf.
81 The term non-permanent resident is not explicitly defined in the Handbook but non-permanent residents may be
eligible if they have a valid Social Security Number (or are employed by the World Bank, an embassy, or equivalent)
and if they are eligible to work in the United States (including refugees and asylees). Ibid.
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
Representative Aguilar, June 11, 2019, available at https://www.ncsha.org/resource/hud-letter-on-daca-fha-mortgage-
eligibility/.
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)
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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
household; no proration of benefits
7 C.F.R. §§3550.103(d)
for mixed-status families.
and 3550.10 (Section
504)
Non-Section 214 HUD Grant and Housing Assistance Programs
Section 202 and Section 811 Project Rental
No provisionb
No regulatory restrictions on
Assistance
noncitizen eligibility; no federal
requirement 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.
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Relevant Statute,
Regulations, or
Programs
Guidance
Noncitizen Eligibility
HOME, Community Development Block
No provisionb
No regulatory restrictions on
Grants, other grant programs
noncitizen eligibility; no federal
requirement for verification of status.
Homeless Programs (Emergency Solutions
No regulatory provision,b Specific activities identified as exempt
Grants, Continuum of Care grants, and
HUD joint letter and fact from PRWORA restrictions. No
HOPWA)
sheetc
federal requirement for verification of
status.
Non-Section 214 USDA Rural Rental Housing Programs
Farm Labor Housing
42 U.S.C. §1484 and 42
LPRs and persons legally authorized
(Section 514 and 516)
U.S.C. §1486
for work in agriculture (i.e., H2A visa
7 C.F.R. §3560.624; 7
holders) are eligible for assistance.
C.F.R. §3560.576; 7
Eligibility only determined for head of
C.F.R. §3560.11; and
household; no proration of benefits
USDA guidancec
for mixed-status families. If a unit is
receiving Section 521 assistance (a
Section 214-covered program),
Section 521 eligibility requirements
apply.
Rural Rental Housing Loans
7 C.F.R. §3560.152
No current regulatory restriction on
(Section 515)
Regulation indefinitely
noncitizen eligibility and no federal
suspendedd
requirement for verification of status.
If a unit is receiving Section 521 or
Section 8 project-based rental
assistance (Section 214-covered
programs), that program’s eligibility
requirements apply.
Multi-Family Housing Loan
7 C.F.R. §§3565.202(b)
Tenant must be a qualified alien,
Guarantees (Section 538)
and 3565.3
defined using Section 214 eligibility.
Other
Low Income Housing Tax Credit
No provision
No federal noncitizen restrictions for
Program (LIHTC)
LIHTC properties. Units receiving
other assistance are subject to those
programs’ noncitizen restrictions.
Single-Family Mortgage Insurance Programs
HUD FHA Single-Family Loans
FHA Single Family
LPRs and non-permanent residents
Housing Policy
(including FAS migrants, refugees, and
Handbook 4000.1
asylees) are eligible borrowers.e
DACA recipients are considered
eligible.
USDA RHS 502(h) Guaranteed
7 C.F.R. §§3555.151(b)
Applicant must be a qualified alien,
Loans
and 3555.10
defined using PRWORA definition.
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
No provision
Eligibility based on veteran status,
which is based on military service.
Generally, only U.S. nationals, LPRs,
and FAS citizens are eligible to enlist.g
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Source: Prepared by CRS.
a. U.S. Department of Agriculture (USDA), “Rural Development Voucher Program: Notice,” 82 Federal
Register 21972 et seq., May 11, 2017.
b. Except as otherwise noted, HUD has not identified which of its programs provide federal public benefits
and are thus subject to PRWORA. HUD has not issued regulations to implement PRWORA’s noncitizen
restrictions for any of these programs.
c. 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. USDA Rural
Development internal guidance, “Implementation of the Revised Definition of Domestic Farm Laborers for
Farm Labor Housing,” July 5, 2018, available at https://www.rd.usda.gov/files/RDUL-domestic.pdf.
d. U.S. Department of Agriculture (USDA), “Reinvention of the Sections 514, 515, 516 and 521 Multi-Family
Housing Programs: Interim final rule; delay of effective date,” 70 Federal Register 8503, February 22, 2005,
available at https://www.govinfo.gov/content/pkg/FR-2005-02-22/pdf/05-3226.pdf.
e. See 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
United States or LPR status if he or she is “likely at any time to become a public charge” (8
U.S.C. §1182(a)(4)).91 The INA does not define the term public charge.92 Thus, the determination
of whether an alien is inadmissible93 on public charge grounds turns largely on standards set forth
in agency guidance materials.94
From 1999 to 2019, agency95 guidance defined public charge to mean a person who is or is likely
to become primarily dependent on public cash assistance or government-funded
institutionalization for long-term care.96 This definition was changed on August 15, 2019, when
DHS published a final rule that defined public charge as someone “more likely than not at any
time in the future to receive one or more public benefits ... for more than 12 months within any
36-month period.”97 This rule also expanded the list of public benefits considered in public charge

91 An admitted alien may also be subject to removal from the United States based on a separate public charge ground of
deportability, but this is rarely employed.
92 For more information on the 2019 public charge rule, see the archived report CRS In Focus IF11467, Immigration:
Public Charge.
93 “Aliens who are inadmissible ... are ineligible to receive visas and ineligible to be admitted to the United States” (8
U.S.C. §1182). A noncitizen can be deemed inadmissible for health, security, public charge, and criminal-related
grounds, among others.
94 The Department of Homeland Security and the Department of State have primary responsibility for implementing the
public charge ground of inadmissibility.
95 Formerly the Department of Justice’s Immigration and Naturalization Service, now the Department of Homeland
Security (DHS). DHS, established in 2002, includes the agencies that are currently responsible for most federal
immigration functions.
96 DOJ, Immigration and Naturalization Service, “Field Guidance on Deportability and Inadmissibility on Public
Charge Grounds,” 64 Federal Register 28689, March 26, 1999, at https://www.govinfo.gov/content/pkg/FR-1999-05-
26/pdf/99-13202.pdf.
97 Benefits received by certain groups, such as members of the U.S. Armed Forces and their spouses and children, do
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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
September 2022, DHS published a new final rule codifying a definition of the phrase likely at any
time to become a public charge based on a standard similar to the 1999 guidance.101
Proposed Revisions to Section 214 Regulations
On May 10, 2019, HUD released a proposed rule to revise its interpretation of Section 214 and
end eligibility for mixed-status families in Section 214-covered programs.102 Additionally, the
rule would have established new documentation requirements for citizens. In the preamble to the
proposed rule, HUD contended that this policy change was consistent with various executive
orders issued by President Trump.103 The Trump Administration included, in the Office of
Management and Budget’s Spring 2019 Unified Agenda and Regulatory Plan,104 a statement of
USDA’s intent to publish regulatory revisions to the treatment of mixed-status families for rural
housing programs.105
Following the transition from the Trump Administration to the Biden Administration, HUD in
spring 2021 formally withdrew the mixed-status family proposed rule106 and USDA announced its
long-term intent to harmonize its requirements with those of HUD.107

not count as public benefits under the regulations. Additionally, DHS is to consider only benefits directly received by
the alien for the alien’s own benefit; it is not to consider benefits received by a legal guardian on behalf of another (e.g.,
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, USCIS, “Public Charge Ground of Inadmissibility,” 87 Federal Register 55472, September 9, 2022, at
https://www.govinfo.gov/content/pkg/FR-2022-09-09/pdf/2022-18867.pdf. For more information, see CRS Insight
IN11217, Immigration: Public Charge 2022 Final Rule.
102 HUD, “Amendments to Further Implement Provisions of the Housing and Community Development Act of 1980,”
84 Federal Register 20589, May 10, 2019.
103 Ibid.
104 See Office of Management and Budget, Office of Information and Regulatory Affairs, “Implementation of the
Multi-Family Housing U.S. Citizenship Requirements,” at https://www.reginfo.gov/public/do/eAgendaViewRule?
pubId=201904&RIN=0575-AC86.
105 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.
106 HUD, Housing and Community Development Act of 1980: Verification of Eligible Status; Withdrawal; Regulatory
Review, 86 Federal Register 17346-17347, April 2, 2021.
107 Office of Management and Budget, Office of Information and Regulatory Affairs, “Implementation of the Multi-
Family Housing U.S. Citizenship Requirements,” at https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=
202104&RIN=0575-AC86.
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Author Information

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

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
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Congressional Research Service
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