Proposed Rule Will Tear Families Apart and Put Children at Risk of Homelessness
The Trump Administration has proposed yet another rule designed to make it more difficult for immigrants and their families to access assistance programs that help families that are struggling to afford the basics. The proposed rule would bar families with mixed legal status from living in subsidized housing.
Under the current rule, only U.S. citizens, lawful permanent residents, and immigrants with refugee/asylee status are eligible for housing assistance. Immigrants without documentation or who are residing in the U.S. under programs like Temporary Protected Status (TPS) or Deferred Action for Childhood Arrivals (DACA) are not eligible. However, households that include one or more ineligible family member can still receive assistance at a prorated rate, and the ineligible family member is not required to disclose their immigration status. The proposed rule would prevent such household from receiving any housing assistance at all.
This rule would have the biggest impact on U.S. citizen children living with an immigrant parent, putting them at risk of homelessness or forcing families into substandard, unhealthy housing. Other rules that the Trump Administration has proposed, such as the revised public charge rule, have already had a chilling effect for immigrant families who are legally allowed to access vital assistance programs including food assistance and Medicaid. These programs are intended to help families, and especially children, get through periods of hardship and allow them to reach greater economic stability. Policies making it more difficult for immigrants families to access programs that they are legally eligible for undermine American ideals of opportunity for all and our long history as a place where immigrants can build successful and productive lives.
The proposed rule would also create a new burden for private owners of subsidized housing, forcing them to verify the citizenship status of their residents, even though renters already have to state their status, under the penalty of perjury, in order to receive housing assistance. HUD has attempted to use long waitlists for housing assistance to justify the change, but the primary reason waitlists are long is that there is not enough public housing available. The burden of verifying the status of all residents could deter private owners, who often are already reluctant to accept housing assistance as payment.
Congress is considering legislation to block the proposed rule. Maryland’s congressional delegation must reject any policy that will unnecessarily tear Maryland families apart and put children at risk of homelessness. In the meantime, we still have a chance to stop the change and keep the more reasonable rule in place. Anyone affected by the proposed change or wishing to stand with those in our communities whom the rule change would affect can submit a public comment opposing it. The comment period ends July 9.
