U.S. families with mixed-citizenship members may lose homes in proposed rule

HUD targets mixed-status families in federal housing

The Department of Housing and Urban Development wants to change who can live in federally funded housing.

HUD published a proposed rule on Feb. 20, 2026, that would require every person in a HUD-assisted household to prove U.S. citizenship or eligible immigration status.

If the rule goes through, mixed-status families, where some members are citizens and others are not, could lose their housing assistance entirely.

The public has 60 days to comment, with a deadline of April 21, 2026.

Current rules already limit benefits

Right now, undocumented immigrants cannot receive federal rental assistance on their own. But they can live with family members who do qualify.

When that happens, HUD reduces the subsidy so it only covers eligible members.

That system, called prorated assistance, has worked this way for more than two decades under both Republican and Democratic presidents. The new rule would make that arrangement temporary instead of permanent.

If a household member cannot verify their status, the whole family could eventually lose help.

Three major programs fall under the rule

The rule covers HUD’s three biggest rental assistance programs: Housing Choice Vouchers, Public Housing, and Section 8 Project-Based Rental Assistance.

Together, those programs serve about 90% of all households getting HUD rental help. The rule would also require everyone in the household, including residents 62 and older, to verify their status.

Previously, older residents only had to show proof of age. Nearly 90% of all HUD-assisted households would face the new paperwork.

Estimates of displaced families vary widely

How many people could lose housing depends on who’s counting. HUD estimates that about 24,000 undocumented individuals live in roughly 20,000 mixed-status households.

The Center on Budget and Policy Priorities puts the number closer to 80,000 people across those same households.

The National Housing Law Project warns that more than 100,000 people could lose their homes, including over 37,000 children, many of them U.S. citizens.

The gap exists because HUD counts only ineligible individuals while advocacy groups count everyone in affected households.

Most affected families are Latino

The numbers paint a clear picture of who would bear the brunt.

According to an analysis by the Center on Budget and Policy Priorities, 96% of people in affected households are people of color, and about 86% are Latino.

The typical mixed-status household is a family of four with two kids and two adults. In most cases, three of those four family members are U.S. citizens who qualify for help.

Families would have to choose between separating to keep assistance or staying together and losing it.

HUD says the rule saves taxpayer money

HUD Secretary Scott Turner said the rule brings regulations closer to the language of federal housing law. Turner said HUD has “zero tolerance for ineligible individuals exploiting public housing resources.”

The department claims the change would save taxpayers about $218 million and redirect those funds to eligible households stuck on waiting lists.

HUD acknowledged in the rule text that the change would hurt some tenants but said the savings and reallocation of funds offset that cost.

Housing providers would report undocumented tenants

The proposed rule adds another layer: it would require local housing authorities and property owners to report undocumented individuals to U.S. Citizenship and Immigration Services.

That would turn housing providers into part of the immigration enforcement system.

The rule builds on a March 2025 data-sharing agreement between HUD and the Department of Homeland Security, signed by Turner and DHS Secretary Kristi Noem.

Housing advocates called the reporting requirement dangerous and said it will push immigrant families away from programs they can legally use.

A federal audit set the stage

This rule didn’t come out of nowhere. In January 2026, a joint HUD-DHS audit of all tenants in federally funded housing flagged nearly 200,000 tenants for eligibility checks.

The audit also found roughly 25,000 deceased tenants and about 6,000 ineligible noncitizen tenants still on the rolls. HUD gave housing authorities 30 days to fix the problems or face penalties.

The proposed rule follows that audit and falls under Executive Order 14218, which the administration titled “Ending Taxpayer Subsidization of Open Borders.”

A similar rule failed in 2019

The Trump administration tried this before. During the first Trump term, HUD proposed a nearly identical rule in 2019.

That version drew more than 30,000 public comments, and over 95% opposed it. HUD’s own analysis at the time estimated 25,000 families and 55,000 children would lose housing.

The administration ran out of time to finalize it. The Biden administration formally pulled the proposal in 2021.

This new version picks up where the old one left off.

Advocates warn millions of citizens could struggle

Housing advocates are pushing back hard. Shamus Roller of the National Housing Law Project called the rule “contrary to federal law” and said it creates fear and hardship for immigrant families.

Advocates point out that undocumented people have never been eligible for rental assistance, and the proration system already ensures they get no federal dollars.

They also warn that the verification rules could trip up millions of U.S. citizens. About 3.8 million citizens lack any documents proving citizenship, and another 17.5 million cannot easily get them.

No changes take effect yet

Nothing has changed for families right now. The rule is a proposal, not a final regulation, and it cannot take effect until the comment period closes and HUD issues a final version.

Mixed-status families getting HUD assistance keep their rights under current rules. Housing attorneys advise affected families to talk to an immigration lawyer about their own situation.

Advocates encourage residents to submit public comments through the federal eRulemaking portal before the April 21 deadline. Legal challenges are widely expected if HUD finalizes the rule.

This article was created with AI assistance and human editing.

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