Leaked HUD Mixed Status Rule Points to Similar Effort to Keep Families Together as 2019

By Kayla Blackwell, NLIHC Housing Policy Analyst, Sarita Kelkar, NLIHC Policy Intern, and Sarah Abdelhadi, NLIHC Manager, State & Local Research  

A recent ProPublica article exposed the Trump Administration’s draft plans to revoke housing assistance from millions of families, and included a leaked draft of HUD’s proposed mixed-status rule, impacting families with mixed immigration statuses. The leaked draft has not yet been published on the Federal Register, and the proposal must go through the formal rulemaking process—in other words, mixed-status families retain the right to live together in HUD-assisted housing. Advocates should be aware, however, that the leaked draft proposal shows the Administration’s attempts to separate immigrant families, similar to attempts in 2019. Immigrant families in HUD-assisted housing should know their rights in HUD housing programs and can use this resource from the National Housing Law Project (available in English and Spanish).  

“Mixed-status” families refer to households with at least one U.S. citizen or eligible immigrant living together with ineligible household members. Current rules allow mixed-status families to live together in a HUD-subsidized housing if the housing assistance covers eligible (U.S. citizen or eligible immigrant) members only. Family members who do not claim to have HUD-eligible immigration status do not receive assistance, but they can continue to live with family members who do receive HUD housing assistance. 

Under Section 214 of the “Housing and Community Development Act of 1980,” individuals’ eligibility for federal assistance housing programs depends, in part, on their immigration status. In addition to U.S. citizens and nationals, eligible non-citizens include lawful permanent residents, “Violence Against Women Act” (VAWA) self-petitioners, asylees and refugees, parolees, persons granted withholding of removal, victims of trafficking, individuals residing in the U.S. under the Compact of Free Association (COFA), and immigrants admitted for lawful temporary residence. Some immigrants with legal status – including individuals with student visas, Temporary Protected Status (TPS), and asylum-seekers – are ineligible for most federal housing programs.  

In 2019, under the first Trump Administration, HUD proposed a mixed-status rule that would have forced impacted households to choose between separating as a family to keep their subsidy or face eviction and potentially homelessness. If the rule were finalized in 2019, HUD’s own data analysis projected the eviction of 25,000 immigrant families with 55,000 of those impacted eligible children (see Memo, 4/5/21). The proposed rule received over 30,000 comments during the public comment period, with more than 95% of the comments in opposition to the rule. The final rule was never published and finally withdrawn during the Biden Administration in 2021.  

HUD’s leaked draft proposed mixed-status rule repeats the Trump Administration’s 2019 efforts to break up or evict mixed-status families in HUD-assisted housing. Features of the draft rule include: 

• Eliminating a family member’s right to contend eligibility, meaning that every family member in a household under age 62 would need to be of eligible immigration status under Section 214 for the family to receive HUD housing assistance.  
• Eliminating prorated assistance for mixed-status families.  
• Requiring all HUD-assisted tenants, regardless of age, to verify their eligible immigration status.  

The leaked draft proposal points to a similar rule as in 2019. If formally proposed in the Federal Register, the rule would not only cost housing providers time with verification and additional subsidies following the elimination of prorated assistance, but force immigrant families to impossibly choose between separation and self-eviction. Although the claim behind the 2019 rule was that it addressed the waiting list for public housing, there is only evidence that demonstrates its failure to expand the number of families receiving housing assistance—ultimately, perpetuating harm to immigrant families at a greater cost. 

Learn more about mixed-status families and immigrants’ access to housing in NLIHC’s 2025 Advocate’s Guide, “Housing Access for Immigrant Households” here.