Immigration: Noncitizen Eligibility for Needs-Based Housing Programs

Immigration: Noncitizen Eligibility
for Needs-Based Housing Programs
Updated July 18, 2008
Alison Siskin
Specialist in Immigration Policy
Domestic Social Policy Division
Maggie McCarty
Specialist in Housing
Domestic Social Policy Division

Immigration: Noncitizen Eligibility for
Needs-Based Housing Programs
Summary
The issue of noncitizen eligibility for federally funded programs, including
needs-based housing programs, is a perennial issue in Congress. Noncitizen
eligibility varies among the needs-based housing programs administered by the U.S.
Department of Housing and Urban Development (HUD), such as Public Housing,
Section 8 vouchers and project-based rental assistance, homeless assistance
programs, housing for the elderly (Section 202) and the disabled (Section 811), the
HOME program, and the Community Development Block Grants (CDBG) program.
Two laws govern noncitizen eligibility for housing programs: Title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Welfare Reform)
and Section 214 of the Housing and Community Development Act of 1980, as
amended.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(PRWORA) explicitly states that aliens, unless they are qualified aliens, are not
eligible for “federal public benefits,” a term defined in the law to include public and
assisted housing. Under the statute, unauthorized (illegal) aliens do not meet the
definition of qualified aliens, and as a result, they are ineligible for “federal public
benefits.” However, PRWORA did not make those who had been receiving housing
benefits before the date of enactment (August 22, 1996) ineligible for housing
benefits. Likewise, PRWORA exempts certain types of programs that are usually
thought of as emergency programs from the alien eligibility restrictions. HUD has
not issued guidance implementing the PRWORA provisions.
Section 214 of the Housing and Community Development Act of 1980 states
that only certain categories of noncitizens are eligible for benefits under the housing
programs covered by Section 214. Unauthorized aliens are not eligible for benefits
under Section 214. The aliens eligible for housing assistance under Section 214 are
similar to those eligible for federal public benefits under PRWORA, with some
exceptions.
There is uncertainty surrounding how the eligibility requirements of PRWORA
and Section 214 interact, leading to conflicting interpretations of the categories of
noncitizens eligible for housing programs. A provision addressing this issue was
considered during the FY2003 appropriations debate, but not included in the final
bill.
Recently, there has been congressional interest regarding the implementation of
the eligibility requirements for housing programs. Specifically, questions have been
raised as to the documentation requirements placed on both citizens and noncitizens
in determining eligibility for housing programs. The documentation requirements are
dependent on (1) the housing program, (2) the citizenship status of the applicant, and
(3) the age of the applicant.
This report will be updated to reflect legislative or regulatory activity.

Contents
In troduction ......................................................1
Laws and Regulations Governing Alien Eligibility........................1
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996..................................................1
Qualified Alien............................................1
Aliens Receiving Benefits on August 22, 1996...................2
Emergency Programs.......................................2
Federal Means-Tested Public Benefit..........................3
Victims of Trafficking and Violence Protection Act of 2000............4
Section 214 of the Housing and Community Development Act of 1980...5
Mixed Families...........................................6
Comparison of PRWORA and Section 214 .........................6
Previous Legislation Addressing Section 214 and
PRWORA Differences..................................7
Alien Eligibility as Applied to Specific Housing Programs.................7
Section 214-Covered Programs (Including Public Housing
and Section 8)............................................7
HUD’s Homeless Assistance Programs.............................8
Other HUD Needs-Based Programs...............................10
Documentation and Verification.....................................11
Section 214-Covered Programs..................................11
Other HUD Needs-Based Housing Programs
(Including Homeless Assistance Programs)....................13

Immigration: Noncitizen Eligibility for
Needs-Based Housing Programs
Introduction
Noncitizen eligibility varies among the needs-based housing programs¹
administered by the U.S. Department of Housing and Urban Development (HUD).
Two laws govern noncitizen treatment in housing programs: Title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996² and Section 214
of the Housing and Community Development Act of 1980, as amended. There is
uncertainty surrounding how the eligibility requirements of PRWORA and Section
214 interact, leading to conflicting interpretations of the categories of noncitizens
eligible for certain housing programs. Also, the documentation requirements for
establishing eligible immigration status reflect the differing eligibility rules and are
dependent on (1) the housing program, (2) the citizenship status of the applicant, and
(3) the age of the applicant.
Laws and Regulations Governing Alien Eligibility
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996
In 1996, Congress passed the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA) which established new restrictions on the
eligibility of noncitizens for public benefits. PRWORA explicitly states that aliens,
unless they are qualified aliens, are not eligible for “federal public benefits,” a term
defined in the law to include public and assisted housing. However, PRWORA did
not make those who had been receiving housing benefits before the date of enactment
(August 22, 1996) ineligible for housing benefits. Likewise, PRWORA exempted
certain types of programs that are usually thought of as emergency programs from the
eligibility restrictions. In addition, although no HUD program is considered a
“federal means-tested public benefit” (FMTPB), PRWORA also included more
stringent eligibility requirements for FMTPBs (discussed later in this report).
Qualified Alien. PRWORA created the term “qualified alien,” a term which
does not exist in immigration law, to encompass the different categories of

¹ For an introduction to HUD’s housing programs, see CRS Report RL34591, Overview of
Federal Housing Assistance Programs and Policy, by Maggie McCarty et al.
² P.L. 104-193, signed into law on August 22, 1996.

noncitizens who are not prohibited by PRWORA from receiving federal public
benefits.³ Qualified aliens are defined as
^!Legal Permanent Residents (an alien admitted for lawful permanent
residence (LPR));
^!refugees (an alien who is admitted to the United States under §207
of the Immigration and Nationality Act (INA));⁴
^!asylees (an alien who is granted asylum under INA §208);
^!an alien who is paroled into the United States (under INA
§212(d)(5)) for a period of at least one year;
^!an alien whose deportation is being withheld on the basis of
prospective persecution (under INA §243(h) or §241(b)(3));
^!an alien granted conditional entry pursuant to INA §203(a)(7) as in
effect prior to April 1, 1980; and
^!Cuban/Haitian entrants (as defined by P.L. 96-422).⁵
Additionally, under PRWORA, certain battered aliens are eligible for federal public
benefits if they can demonstrate (in the opinion of the agency providing such
benefits) “[that] there is a substantial connection between such battery or cruelty and
the need for the benefits to be provided.”⁶ Nonimmigrants (i.e., aliens in the United
States for a temporary period of time such as foreign students and agricultural
workers) and unauthorized (illegal) aliens are not considered qualified aliens.
Aliens Receiving Benefits on August 22, 1996. Although PRWORA
explicity states that aliens, unless they are qualified aliens, are not eligible for
“federal public benefits,” certain aliens — including aliens who are not qualified
aliens — are exempt from this eligibility restriction. Specifically, any alien who was
receiving assistance from programs for housing or community development
assistance or financial assistance administered by the Secretary of Housing and Urban
Development, any program under Title V of the Housing Act of 1949, or any
assistance under Section 306C of the Consolidated Farm and Rural Development
Act, on the date of the enactment of PRWORA (August 22, 1996) is exempt from⁷
PRWORA’s eligibility restrictions.
Emergency Programs. PRWORA also exempts types of programs, usually
thought of as emergency programs, from alien eligibility requirements including
Programs, services, or assistance (such as soup kitchens, crisis counseling and
intervention, and short-term shelter) specified by the Attorney General, in the
Attorney General’s sole and unreviewable discretion after consultation with

³ P.L. 104-193 §431; 8 U.S.C. 1641.
⁴ Under law, victims of severe forms of trafficking in persons are to be treated as refugees
for eligibility purposes. (See discussion below.)
⁵ For a discussion of the different categories of noncitizens see CRS Report RS20916,
Immigration and Naturalization Fundamentals, by Ruth Ellen Wasem.
⁶ P.L. 104-193 §431(c)(1)(A); 8 U.S.C. 1641.
⁷ P.L. 104-193 §401(b)(1)(E); 8 U.S.C. 1611.

appropriate federal agencies and departments, which (i) deliver in-kind services
at the community level, including through public or private nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of assistance
provided, or the cost of assistance provided on the individual recipient’s income⁸
or resources; and (iii) are necessary for the protection of life or safety.
Thus, nonimmigrants and unauthorized aliens (i.e., aliens who do not meet the
definition of qualified aliens) are eligible for emergency programs.
A week after the enactment of PRWORA, former Attorney General Janet Reno
published a notice specifying what types of programs, services and assistance were
exempt from alien eligibility limitations.⁹ According to the notice, services or
assistance necessary for the protection of life and safety include
^!short-term shelter or housing assistance for the homeless, for victims
of domestic violence, or for runaway, abused or abandoned children;
and
^!programs, services or assistance to help individuals during periods
of heat, cold or other adverse weather conditions.
Although PRWORA includes “public or assisted housing” in the definition of
federal public benefits, HUD has released few regulations interpreting PRWORA or
its impact on alien eligibility for the housing programs administered by HUD. Part
of HUD’s failure to issue regulations regarding the impact of PRWORA on housing
programs reportedly stems from an ongoing discussion of how to classify HUD’s
homeless programs and which, if any, fit the definition of “necessary for the
protection of life and safety” as defined in the notice.
Federal Means-Tested Public Benefit. HUD published a regulation in

2000 which stated that no HUD program was a “federal means-tested public benefit”¹⁰

(FMTPB). FMTPBs have stricter eligibility requirements than federal public
benefits including

⁸ P.L. 104-193 §401(b)(1)(D); 8 U.S.C. 1611.
⁹ 61 Federal Register, p. 45985, August 30, 1996. The notice of final order was published
in January 2001, and did not significantly alter the original notice. 66 Federal Register, p.

3613, January 16, 2001.

¹⁰ See 65 Federal Register, p. 49994, August 16, 2000; 8 CFR 213a. Both HUD and the
Department of Health and Human Services contended that the term “federal means-tested
public benefit” should only apply to mandatory programs. (None of HUD’s programs is a
mandatory program.) The Department of Justice found that this was a permissible
interpretation of the statute (see Memorandum Opinion for the General Counsel for the
Department of Health and Human Services, Proposed Agency Interpretation of “Federal
Means-Tested Public Benefits” Under Personal Responsibility and Work Opportunity
Reconcilliation Act of 1996, Department of Justice, January 14, 1997).

^!five-year ban for qualified aliens entering after the date of enactment
(August 22, 1996);¹¹
^!“deeming” which means that the sponsor’s resources (and those of
the sponsor’s spouse) are used in calculating the financial eligibility
of a qualified alien until the noncitizen becomes naturalized or has
accumulated 40 quarters (10 years) of documented work;¹² and
^!authority of the government to seek reimbursement from the alien’s
sponsor for the cost of FMTPB provided to the sponsored alien.¹³
Since HUD programs are not considered FMTPBs, none of the more stringent
eligibility requirements apply to any HUD program.¹⁴
Victims of Trafficking and Violence Protection Act of 2000
Subsequent to the enactment of PRWORA, Congress enacted legislation which
made victims of trafficking eligible for public benefits.¹⁵ This law did not amend
PRWORA to include trafficking victims as eligible for public benefits; rather, it
stated that victims of trafficking shall be eligible for benefits and services “under any
Federal or State program” to the same extent as refugees.¹⁶ Thus, victims of
trafficking are eligible for housing programs to the same extent that refugees are
eligible for these programs.

¹¹ Refugees, asylees, aliens whose deportation is being withheld, Cuban/Haitian entrants,
Amerasian immigrants, and immigrants with a military connection are excluded from the
five-year ban.
¹² This deeming requirement only applies to aliens who enter after December 19, 1997, the
effective date of the new legally binding affidavit of support.
¹³ For an expanded discussion of noncitizen restrictions in PRWORA, see CRS Report
RL33809, Noncitizen Eligibility for Federal Public Assistance: Policy Overview and
Trends, by Ruth Ellen Wasem.
¹⁴ Since this determination was made by regulation and not in statute, it is possible that the
regulation could be administratively changed by HUD to reinterpret the meaning of
FMTPBs as it relates to HUD programs.
¹⁵ Victims of Trafficking and Violence Protection Act of 2000 (P.L. 106-386) signed into
law on October 28, 2000. For more on this act, see CRS Report RL34317, Trafficking in
Persons: U.S. Policy and Issues for Congress, by Clare Ribando Seelke and Alison Siskin.
¹⁶ P.L. 106-386, §107.

Section 214 of the Housing and Community
Development Act of 1980
Section 214 of the Housing and Community Development Act of 1980, as
amended,¹⁷ states that only certain categories of noncitizens are eligible for benefits
under specified housing programs. HUD programs covered under Section 214
include the programs under the U.S. Housing Act of 1937 (Public Housing and
Section 8 tenant-based vouchers and project-based rental assistance), Section 235
Homeownership Assistance, Section 236 Rental Assistance and Section 101 Rental¹⁸
Supplements. These programs provide direct rental or homeownership assistance
to low-income families. Public Housing and Section 8 tenant-based vouchers are
administered by quasi-governmental, local public housing authorities (PHAs); the
other programs are primarily administered by private property owners under contract
with HUD.
Section 214 predates PRWORA. Under Section 214, the Secretary of Housing
and Urban Development may not make financial assistance available to an alien
unless the alien both is a resident of the United States and is
^!an alien lawfully admitted for permanent residence as an immigrant
... excluding, among others, alien visitors, tourists, diplomats, and
students who enter the United States temporarily with no intention
of abandoning their residence in a foreign country;
^!an alien who ... is deemed to be lawfully admitted for permanent
residence [under the registry provisions of the INA];¹⁹
^!an alien who has qualified ... [as a refugee or asylee];
^!an alien who is lawfully present in the United States as a result of an
exercise [of the Attorney General’s parole authority] ...;
^!an alien within the United States as to whom the Attorney General
has withheld deportation [on the basis of prospective persecution] ...;
or
^!an alien lawfully admitted for temporary or permanent residence
under Section 245A of the Immigration and Nationality Act.²⁰
Unauthorized aliens are not eligible for financial assistance under Section 214-
covered programs.

¹⁷ P.L. 96-399, §214, 94 Stat. 1637, codified at 42 U.S.C. §1436a. The original provision
has since been amended by the Omnibus Budget Reconciliation Act of 1981, P.L. 97-35,
§329, 95 Stat. 408, and by the Housing and Community Development Act of 1987, P.L.

100-242, §164, 101 Stat. 1860.

¹⁸ Section 214 also applies to certain rural housing programs administered by the U.S.
Department of Agriculture, including the Section 502, Section 504, Section 521, and 542
programs. For more information on rural housing programs, see CRS Report RL33421,
USDA Rural Housing Programs: An Overview, by Bruce E. Foote.
¹⁹ INA, §249, 8 U.S.C. §1259. Section 203(a) of IRCA changed the entry cut-off date for
adjustment under the registry provision from June 30, 1948 to January 1, 1972.
²⁰ 42 U.S.C. §1436a(a).

Mixed Families. Many households that include U.S. citizens or qualified
aliens also include ineligible aliens (e.g., unauthorized aliens). Section 214 of the
Housing and Community Development Act of 1980, as amended, requires HUD and
local public housing authorities to provide prorated assistance to families in which
at least one member has eligible immigration status. A prorated housing benefit is
calculated by reducing the benefit due to the family by the proportion of nonqualified²¹
aliens in the household.
Comparison of PRWORA and Section 214
The aliens eligible for housing assistance under Section 214 are similar to those
eligible for federal public benefits under PRWORA (i.e., those who are not
prohibited from eligibility), with some exceptions.
^!Both statutes allow LPRs, asylees, refugees, and those on the registry
to be eligible for assistance.
^!Both statutes allow parolees eligibility, but PRWORA states that the
alien must be paroled into the U.S. for a period of one year, while no
time-limit is specified in §214.
^!Both statutes extend eligibility to aliens whose deportation is being
withheld on the basis of prospective persecution, but §214 only
references those whose deportation is withheld on the basis of
prospective persecution post-1996, while PRWORA includes
anyone whose deportation is withheld pre- or post-1996.
^!Only PRWORA specifically allows eligibility for Cuban/Haitian²²
entrants.
^!Only PRWORA allows battered immigrants who can show a
substantial connection between the battery and the need for benefits
to be eligible.
Both PWORA and Section 214 do not make nonimmigrants and unauthorized aliens
eligible for benefits.
It is also important to note that while Section 214 applies only to those programs
covered by Section 214 (primarily the direct rental assistance program), PRWORA
applies to all programs providing federal public benefits. As noted earlier, HUD has
not published guidance as to which of its programs are considered as providing²³

federal public benefits.
²¹ 42 U.S.C. §1436a(b); 24 C.F.R.§ 5.520.
²² Although Section 214 does not specify that Cuban/Haitian entrants are eligible, under
immigration law they are technically parolees and may be eligible for housing assistance as
such.
²³ The one exception appears to be in the case of the Lead Hazard Control grant programs.
The comments section of a Department of Justice Attorney General Final Order (66 Federal
Register 3615) issued in 2001 notes that HUD had determined that benefits under the Lead
Hazard Control Program were not federal public benefits within the meaning of PRWORA.

Previous Legislation Addressing Section 214 and PRWORA
Differences. In the 108^th Congress, Senator Christopher (Kit) Bond offered S.Amdt.

224 which was passed by a voice-vote and added to the Senate version of H.J.Res.

2, a FY2003 omnibus appropriations bill, but it was not included in the final version
of the bill. The amendment would have added the category “qualified alien” to the
categories of noncitizens eligible for housing benefits under Section 214 of the
Housing and Community Development Act of 1980, bringing Section 214 into
conformity with PRWORA. The amendment would have effectively made
Cuban/Haitian entrants, aliens whose deportation was being withheld on the basis of
prospective persecution prior to 1996, and certain battered aliens statutorily eligible
for housing benefits.
Due to the complicated nature of the interaction of the housing law and
PRWORA there was confusion over the purpose of the amendment. While some
viewed the amendment as a technical correction, others were concerned that it would
have broadened noncitizens’ eligibility for housing programs, and still others were
concerned that it might have restricted eligibility.
While the Bond amendment was not included in the conference agreement, the
conference report directed
the Department [of Housing and Urban Development] to work with the
Department of Justice to develop any necessary technical corrections to
applicable housing statutes with respect to qualified aliens who are victims of
domestic violence and Cuban and Haitian immigrants to ensure that such statutes
are consistent with the Personal Responsibility and Work Opportunity Act of
1996 and the Illegal Immigration Reform and Personal Responsibility Act of

1996 (H.Rept. 108-10).

Alien Eligibility as Applied to
Specific Housing Programs
Section 214-Covered Programs (Including
Public Housing and Section 8)
There are several potentially conflicting interpretations of the interaction of
Section 214 and PRWORA and uncertainty regarding HUD’s interpretation of the
noncitizen eligibility restrictions. Under one possible interpretation, to be eligible
for Section 214 programs, a class of noncitizens cannot be prohibited from receiving
benefits under PRWORA and must be listed as an eligible class under Section 214.
For example, parolees who have been in the United States for less than one year
would be ineligible for Section 214 programs because, although they are eligible
under Section 214, they are prohibited under PRWORA. On the other hand, battered
immigrants would be ineligible for Section 214 programs because, although they are
not ineligible for benefits under PRWORA, they are not listed as eligible under
Section 214. Interestingly, under this interpretation, the interaction between Section
214 and PRWORA make the alien eligibility requirements for Section 214 housing
programs more restrictive than the requirements for other federal public benefits,

although by itself Section 214 is not necessarily more restrictive than the provisions
in PRWORA.
A second possible interpretation depends on whether or not PRWORA makes
qualified aliens affirmatively eligible for benefits. PRWORA states
“[n]otwithstanding any other provision in the law ... an alien who is not a qualified
alien ... is not eligible for any federal public benefits.”²⁴ It could be asserted that by
not prohibiting qualified aliens from federal public benefits, PRWORA grants
eligibility to qualified aliens for federal public benefits. Since PRWORA effectively
supercedes Section 214 (given the “notwithstanding” clause), under this
interpretation, all noncitizens who are qualified aliens would be eligible for Section

214-covered housing programs.

Despite statutory and regulatory arguments, this second interpretation may, in
fact, reflect what is happening in practice. Prior to the enactment of PRWORA,
HUD released regulations based on Section 214 that established a standard for
verifying an applicant’s immigration status.²⁵ To verify eligibility, PHAs and
property owners use the Systematic Alien Verification for Entitlements (SAVE)
system,²⁶ which enables federal, state, and local governmental agencies to obtain
immigration status information to determine eligibility for public benefits.²⁷ The
SAVE system is also used to determine noncitizen eligibility for other benefits
including Medicaid, Temporary Assistance for Needy Families (TANF), and food
assistance which use the noncitizen eligibility restrictions outlined in PRWORA. As
a result, it is possible that some housing authorities are using the noncitizen eligibility
requirements specified in PRWORA, without regard to Section 214.²⁸
As noted earlier, mixed families are eligible to receive prorated assistance from
Section 214-covered programs.
HUD’s Homeless Assistance Programs
HUD’s homeless programs include the Shelter Plus Care (S+C) program, the
Supportive Housing Program (SHP), the Single Room Occupancy (SRO) program,
and the Emergency Shelter Grants (ESG) program, all of which are funded under the

²⁴ P.L. 104-193, §401(a).
²⁵ See 24 CFR §5.500.
²⁶ The SAVE program (of which the SAVE system is a component) is administered by the
Department of Homeland Security’s Citizenship and Immigration Services (USCIS).
²⁷ The program allows access to USCIS’ Verification Information System (VIS) database
which contains approximately 60 million records on immigrants to the United States. The
SAVE system does not determine eligibility for any program, but provides information on
the alien’s status so that the program’s administrators can make an eligibility determination.
For more information on the SAVE system, see [http://www.uscis.gov/portal/site/uscis/
me nuitem.5af9bb95919f35e66f614176543f6d1a/?vgn e x t o i d = 7 1 c f 5 8 f 9 1 f 0 8 e 010V gnV CM
1000000ecd190a RCRD&vgn ext c hannel = 91919 c 7755cb9010V gnV CM10000045f3d6a1
RCRD], accessed July 11, 2008.
²⁸ For example, Cuban/Haitian entrants are eligible for housing benefits in Florida.

Homeless Assistance Grants account, as well as the Housing for Persons with AIDS
(HOPWA) program. One of the programs funded through the Homeless Assistance
Grants is a Section 214-covered program: the SRO program. Housing units for
homeless individuals provided through the SRO program are developed through the
Section 8 Moderate Rehabilitation program and receive Section 8 rental assistance.
As a result, nonqualified aliens (e.g., nonimmigrants and unauthorized aliens) as
defined by Section 214 are ineligible for the SRO program. However, HOPWA and
the remaining homeless programs — S+C, SHP, and ESG — are not covered by
Section 214.
Although PRWORA lists “housing assistance” as a federal public benefit
governed by the statute, HUD has not issued regulations to clarify whether HUD
homeless assistance programs are considered “federal public benefits,” and therefore
subject to PRWORA’s noncitizen eligibility restrictions. Assuming the homeless
assistance programs (S+C, SHP, ESG, and HOPWA) are governed by PRWORA,
citizens and qualified aliens are effectively²⁹ eligible for benefits from all homeless
assistance programs if they meet need standards. The status of nonqualified aliens
is less clear, as the assistance provided through some of HUD’s homeless programs
could fit the PRWORA exception allowing nonqualified aliens access to emergency
programs. The exception applies if the benefit provided meets three requirements:
(1) it is an in-kind benefit provided through public or private nonprofit
organizations,
(2) the benefit is not conditioned on a client’s income or resources, and
(3) the benefit is necessary for the protection of life and safety.
Temporary emergency shelter provided through the ESG program could fulfill the
requirements of this exception. However, some transitional and all permanent
housing may not meet the second requirement. Formerly homeless individuals who
reside in permanent supportive housing provided through S+C or SHP pay a portion
of their income toward rent. The same is true for some transitional housing provided
through SHP. HUD has not published guidance indicating which, if any, of its
programs are considered to meet the three requirements for exception from
PRWORA as emergency programs.
Another portion of PRWORA that could be relevant for homeless assistance
programs is a provision that exempts “nonprofit charitable organizations” that
provide federal public benefits from having to verify the eligibility of program
participants.³⁰ To the extent that administrators of HUD’s homeless assistance
programs are nonprofit organizations, which many of them are, they are not required
under the terms of PRWORA to verify their clients’ citizenship status. Thus,
nonqualified aliens may be receiving services from these organizations, regardless

²⁹ As noted earlier, PRWORA does not necessarily affirmatively make qualified aliens
eligible for benefits; rather, it excludes aliens who are not “qualified aliens” from receiving
federal public benefits. Since HUD has not issued regulations regarding alien eligibility for
homeless programs, one can conclude that since qualified aliens are not prohibited from
receiving benefits, they are effectively eligible for these benefits.
³⁰ 8 U.S.C. §1642(d).

of their eligibility status. Furthermore, HUD has not published guidance regarding
the verification of immigration status for homeless programs that are not governed
by Section 214, whether or not they are administered by a charitable organization,
making it even more unclear whether or not, in practice, nonqualified aliens receive
benefits. (See discussion under “Documentation and Verification,” later in this
report.)
Mixed families are not separately dealt with in regulations for HUD homeless
assistance programs and, given their ambiguous eligibility status and the lack of
verification guidance, it is unclear how they are treated.
Other HUD Needs-Based Programs
The other needs-based housing programs administered by HUD are significantly
different from the Section 214-covered programs in that they primarily provide
funding to nonprofits, states, and units of local governments to provide a variety of
forms of assistance to low-income individuals, families, and communities. Examples
of other HUD needs-based housing programs include the Section 202 Housing for
the Elderly program, the Section 811 Housing for the Disabled program, the
Community Development Block Grant program and the HOME Investment
Partnerships program. The Section 202 and 811 programs are similar to the Section

8 project-based rental assistance program (which is a Section 214-covered program),

but they are administered by nonprofits rather than PHAs. HOME and CDBG are
block grants administered by units of state and local government, who generally
award the funds to nonprofit partners. HOME funds housing activities; CDBG funds
community development-related activities.
Presumably, the PRWORA restrictions on noncitizen eligibility apply to the
other HUD needs-based housing programs; however, the assistance provided through
these programs may or may not be considered “federal public benefits.” HUD has not
issued guidance defining which types of assistance under the other needs-based
housing programs are “federal public benefits” and subject to PRWORA’s noncitizen
eligibility restrictions.³¹ Further, HUD has not issued guidance as to how
participating entities should implement the PRWORA restrictions.
Assuming the PRWORA restrictions apply to these programs, and since they are
not covered by Section 214, it can be interpreted that citizens and qualified aliens are³²
effectively eligible for benefits from all other HUD needs-based programs, if they
meet need standards. Nonqualified aliens (e.g., unauthorized aliens), as a result of

³¹ With the exception of the Lead Hazard Control program. The comments section of a
Department of Justice Attorney General Final Order (66 Federal Register 3615) issued in
2001 notes that HUD had determined that benefits under the Lead Hazard Control Program
were not federal public benefits within the meaning of PRWORA.
³² As noted earlier, PRWORA does not necessarily affirmatively make qualified aliens
eligible for benefits; rather, it excludes aliens who are not “qualified aliens” from receiving
federal public benefits. Since HUD has not issued regulations regarding alien eligibility for
other HUD needs-based programs, one can conclude that since qualified aliens are not
prohibited from receiving benefits, they are effectively eligible for benefits.

PRWORA, are not legally eligible for any housing benefits from other HUD needs-
based programs.³³ However, it is important to note that, unlike Section 214-covered
programs, there are no regulations requiring the verification of beneficiaries’
citizenship for other HUD needs-based programs, so it is possible that nonqualified
aliens may be receiving housing benefits, regardless of their eligibility. (See
discussion under “Documentation and Verification,” later in this report.) Further,
much of the assistance provided by the other needs-based housing programs is
administered through nonprofits, which, as noted earlier in this report, are not
required to verify immigration status. As a result, while certain nonqualified aliens
may be ineligible for assistance under the other HUD needs-based programs, to the
extent that assistance is provided by charitable organizations, their status is not
required to be verified, so they may be receiving assistance.
Mixed families are not separately dealt with in regulations for other HUD
needs-based housing programs and, given their ambiguous eligibility status and the
lack of verification guidance, it is unclear how they are treated.
Documentation and Verification
As discussed above, noncitizen eligibility varies among HUD’s needs-based
housing programs,³⁴ and is governed by both PRWORA and Section 214. Recently,
questions have arisen concerning the documentation requirements for citizens and
eligible noncitizens to demonstrate eligibility for housing assistance.
Section 214-Covered Programs
For the Section 214-covered programs, which include the largest housing
assistance programs (Public Housing and the Section 8 tenant-based voucher and
project-based rental assistance programs), PHAs and private property owners are
required to verify the eligibility of each person in a household.
Every applicant must declare in writing under threat of perjury that he or she is
a citizen, an eligible noncitizen, or is choosing not to provide documentation (and is³⁵
therefore ineligible for assistance).
Citizens are not required to provide documentation of their citizenship status,
although PHAs may adopt a policy requiring documentation, such as a United States
passport.³⁶ Also, household members over the age of 6 must provide their Social
Security numbers and/or certify that they have not received a Social Security number

³³ Except for exempted activities, such as emergency shelter, as discussed earlier in this
report.
³⁴ For an introduction to HUD’s housing programs, see CRS Report RL34591, Overview of
Federal Housing Assistance Programs and Policy, by Maggie McCarty et al.
³⁵ 42 USC 1436a(d), 24 CFR 5.508(b)(1).
³⁶ 42 USC 1436a(d), 24 CFR 5.508(b)(1).

in order to receive housing assistance.³⁷ It is important to note, however, that Social
Security numbers do not prove citizenship or eligible immigration status.³⁸
Noncitizens age 62 or older are required to provide a signed declaration under³⁹
threat of perjury of their eligible immigration status and proof of their age. PHAs
and property owners are not required to further verify their immigration status.
Other eligible noncitizens/qualified aliens must provide a signed declaration
under threat of perjury of their eligible immigration status, documentation from the
Department of Homeland Security (DHS),⁴⁰ and a signed verification consent form
relating to communications between DHS and HUD.⁴¹ A PHA or property owner
may provide an extension of up to 30 days if a family certifies that the required
evidence is temporarily unavailable and they need more time to locate the required
documents.⁴² Once the documents have been submitted, a PHA or property owner
must verify the documents using the SAVE system (discussed earlier in this report).
If the alien thinks that the information returned through the SAVE system is
inaccurate, the alien may appeal to DHS. A PHA or property owner may provide
assistance temporarily while the alien’s status is being verified.⁴³
Other noncitizens who are members of households that include eligible
noncitizens/qualified aliens may choose not to contend that they have eligible
immigration status. In the case of these mixed-status families, eligible
noncitizen/qualified alien members of the families may receive pro-rated benefits;
however, the family must identify in writing to the PHA or property owner any

³⁷ 42 USC 3543(a) 25 CFR 5.210 et. seq.
³⁸ A Social Security card (or having a valid Social Security number (SSN)) does not denote
citizenship, and is not useful for determining citizenship status. Social Security cards issued
to noncitizens who are residing permanently in the United States are identical to those issued
to U.S. citizens. In addition, aliens who are in the United States temporarily are also eligible
for valid SSNs. The SSN issued to a noncitizen in the country temporarily does not change
if the noncitizen adjusts status (e.g., a person who is in the United States temporarily may
marry a U.S. citizen, become a legal permanent resident, and then naturalize and become a
U.S. citizen). Although the noncitizen is supposed to report any change of status to SSA,
this does not always occur. As a result, it is possible that some U.S. citizens have a Social
Security card with the inscription, “VALID FOR WORK ONLY WITH DHS
AUT HORIZAT ION.”
³⁹ 42 USC 1436a(d), 24 CFR 5.508(b)(2).
⁴⁰ Although the law and the regulation refer to the former Immigration and Naturalization
Service (INS), in March 2003 the INS was abolished and all its functions were transferred
to DHS.
⁴¹ 42 USC 1436a(d), 24 CFR 5.508(b)(3).
⁴² 42 USC 1436a, 24 CFR 5.508(h).
⁴³ 42 USC 1436a, 24 CFR 5.512.

family members who will be living in the household but have elected not to contend
that they have eligible immigration status.⁴⁴
Other HUD Needs-Based Housing Programs
(Including Homeless Assistance Programs)
As discussed above, HUD has not issued guidance defining which programs or
types of assistance under the other needs-based housing programs are subject to
PRWORA’s noncitizen eligibility restrictions.⁴⁵ Further, HUD has not issued
guidance as to how participating entities should implement the PRWORA
restrictions. As a result, the documentation requirements for these programs are
unknown. Therefore, it is unclear how, and the extent to which, the entities that
administer other needs-based housing assistance are verifying eligible immigration
status for noncitizen beneficiaries.
Additionally, much of the funding provided through HUD’s other needs-based
housing programs is administered through charitable organizations. As noted earlier,
PRWORA included language permitting nonprofit charitable organizations to choose
not to verify noncitizen eligibility for federal public benefits.⁴⁶

⁴⁴ 42 USC 1436a, 24 CFR 5.508(e).
⁴⁵ With the exception of the Lead Hazard Control program. The comments section of a
Department of Justice Attorney General Final Order (66 Federal Register 3615) issued in
2001 notes that HUD had determined that benefits under the Lead Hazard Control Program
were not federal public benefits within the meaning of PRWORA.
⁴⁶ 8 USC 1642.