HUD proposes evicting mixed-status families from subsidized housing

HUD Secretary Scott Turner published an opinion column in the Washington Post on February 19, 2026, announcing the proposed rule and calling for 'ending the era of illegal aliens and other ineligible noncitizens exploiting public housing resources.' The column ran simultaneously with HUD's formal proposed rule, which was published in the Federal Register and is now open for public comment.

Under current HUD policy established in Section 214 of the Housing and Community Development Act of 1980, undocumented family members are ineligible for direct rental subsidies. They pay market-rate or higher contributions that partially subsidize eligible household members. The new rule would end this 'prorated' assistance model and require all household members to be eligible citizens or lawful immigrants.

The Center on Budget and Policy Priorities calculated that nearly 80,000 people would face eviction under the proposed rule, including approximately 37,000 U.S. citizen children — children who have committed no violation of law and have the same constitutional rights as any other American. Shamus Roller, executive director of the National Housing Law Project, said 'the result would be over 100,000 people evicted, including more than 37,000 children, many of them citizens.'

The proposed rule would also require local public housing authorities and private landlords receiving federal subsidies to report any tenants they identify as ineligible to USCIS for immigration enforcement. This transforms housing agencies from shelter providers into immigration enforcement partners, a role that housing advocates say fundamentally undermines tenants' willingness to report maintenance issues, domestic violence, or other problems for fear of deportation.

Project 2025, the Heritage Foundation policy blueprint, explicitly called for this rule, stating that 'HUD's statutory obligations include providing housing for American citizens who are in need.' Howard Husock of the American Enterprise Institute said it makes sense to change policy for new tenants but called evicting current residents who signed legal leases with public agencies 'not practical.'

Trump signed an executive order on February 19, 2025 — exactly one year before the proposed rule's announcement — titled 'Ending Taxpayer Subsidization of Open Borders,' directing agency heads to enhance eligibility verification systems to exclude undocumented immigrants. HUD's proposed rule cites this order as its statutory authority, along with Section 214 of the Housing and Community Development Act.

Turner said in his column that roughly 24,000 undocumented individuals live in HUD-subsidized housing, a figure he used to argue the policy is necessary. But the Center on Budget and Policy Priorities analysis shows the proposed rule's eviction impact falls overwhelmingly on the citizen children and legal family members living in those same households — not just undocumented adults.

Only about 1 in 4 Americans who qualify for federal rental assistance are actually able to receive it due to funding shortfalls, meaning demand for housing assistance far exceeds the available supply. La Shelle Dozier, CEO of the Council of Large Public Housing Authorities, said housing authorities are 'faithful stewards of taxpayer dollars' and committed to serving 'America's most vulnerable families' — a statement that implicitly pushes back on the characterization that agencies are enabling fraud.