Targeting Immigrants, Producing Terrible Outcomes

Care For the Homeless is opposing a proposed rule published by the Trump administration and urging all advocates to consider filing an official comment in opposition to the rule that would evict 25,000 immigrant families from public housing, including over 55,000 children. On May 10, 2019, the Department of Housing and Urban Development (HUD) published a draft rule that would significantly change HUD’s regulations by restricting eligibility for federal housing assistance based on immigration status. It would also impose new documentation requirements for U.S. citizens and individuals 62 years of age or older who will be at risk of eviction and homelessness if they cannot prove their citizenship.

The proposed rule prohibits “mixed status” families from living in federally subsidized units. “Mixed status” families are households made up of members that are eligible and not eligible to receive housing subsidies through HUD based on their immigration status. "Mixed status" families can currently live together because the assistance is prorated so that the subsidy is based on the portion of eligible household members in the unit. Its important to note that an “ineligible” immigrant doesn’t mean that they are undocumented. Immigrants can have legal status and still not be eligible for public housing and Section 8 programs. 

HUD claims that the agency proposed the rule out of concern for long wait lists for public housing. A claim that is contradicted by HUD's own analysis acknowledging the terrible consequences of the proposed rule that include:

• A deficit in the HUD budget ranging from $193 million to $227 million to provide housing subsidies to the replacement households (made up of all eligible members)
• HUD would have to reduce the quantity and quality of assisted housing in response to higher costs
•  HUD expects that the fear of the family being separated would lead to prompt evacuation by most mixed family households
• Homelessness for those families unable to find alternate housing

Despite the rationale, the proposed rule is not about keeping undocumented immigrants from benefitting from federal housing assistance, because the law already prohibits them from accessing these subsidies. Rather it’s another attempt on a long list of attacks against immigrant families that are struggling to pay for basic necessities. It instills fear in immigrant communities and creates a dangerous dialogue of victim blaming without offering any real solutions to desperate problems. The real issue is the lack of funding to ensure that every family that applies for housing assistance can receive a safe, accessible and affordable place to call home. Evicting people during the height of a housing crisis is a misguided and cruel policy.

Another policy that affects immigrant communities is the “public charge” rule that was proposed by the Department of Homeland Security (DHS) and is expected to go into effect this summer. This rule expands the types of benefits that could be considered in a “public charge” determination which include essential programs such as Medicaid, SNAP and public housing making it more difficult for low and moderate-income immigrants to get a green card, extend, or change their temporary status in the US.

To further the impact of the new definition of “public charge”, Reuters reported on May 3^rd that the Department of Justice (DOJ) plans to issue a proposed rule related to deportation on “public charge” grounds. Under current law DHS cannot deport/remove someone for using public benefits. However, the DOJ can deport, in very narrow circumstances, on the grounds of “public charge”. It is expected that the grounds of deportability will continue to be narrow. But, the real consequences of these types of changes is the chilling effect that it will have on undocumented and documented immigrants that will no longer access important lifesaving and life sustaining services such as Medicaid, SNAP and public housing when they need them the most. This will result in terrible outcomes and will end up costing more in public resources.

 

Join us in voicing your opposition to the change proposed by HUD that would affect "mixed status" families. YOUR COMMENTS MATTER! You can submit comments to HUD explaining why this rule would have a negative impact on your, your family, and your community. The deadline to submit comments is July 9, 2019. You can submit them here. You can also go to http://www.keep-families-together.org/ for any additional resources. 

Click here for June 2019 Policy Matters Newsletter