LA County opposes federal rule to investigate immigration status of families living in subsidized housing

On Tuesday, the Los Angeles County Board of Supervisors approved a motion opposing a proposed rule to limit access to federally subsidized housing for families with undocumented members.

On Feb. 20, the U.S. Department of Housing and Urban Development (HUD), announced a new rule that would restrict families from accessing federal funding for housing if any household member is undocumented. It would also require local housing authorities to report tenants who are not eligible for rental assistance to the U.S. Citizenship and Immigration Services. 

Supervisor Hilda Solis, author of the motion, said this rule could discourage even eligible households from seeking or maintaining housing assistance, due to fear and intimidation. 

“Currently, undocumented immigrants are not eligible for federal housing aid, which has been clear for many years. However, they can live with family members who receive this assistance, including U.S.-born children,” Solis explained.

According to HUD Secretary Scott Turner, a recent HUD and Department of Homeland Security audit identified nearly 200,000 tenants with incomplete or unknown eligibility verification in the nation. HUD also estimates about 24,000 undocumented immigrants or fraudsters live in one of 20,000 “mixed status households” benefitting from HUD assistance.

However, data indicate that the federal rule could affect about 80,000 people across the nation who would face eviction and family separation, including nearly 37,000 U.S. citizen children in California. The findings by the study from the Center on Budget and Policy Priorities also indicate that more than 7,000 households are at risk of losing their housing in Los Angeles County alone. 

Solis said non-citizens with legal status, such as lawful permanent residents and DACA recipients, could also be impacted by this rule change. 

Supervisor Holly Mitchell, co-author of the motion, said what the federal government is trying to do is not accidental, “it's a systematically racist system that determines who gets access to safe housing, to capital and to economic advancement.”

Supervisor Janice Hahn said the rule could impose significant operational and administrative burdens on housing authorities, county departments, including new compliance costs, data reporting challenges and increased strain on our frontline systems. 

“Is not just a housing issue, it's family stability, child welfare, public health and fiscal responsibility issues,” Hahn said. “I stand in full support of opposing this rule change that threatens to evict U.S. citizens, children and seniors from their homes and separate families by creating barriers to housing for our low-income residents.”

What does the motion do?

Following the five-signature letter to the Los Angeles County congressional delegation, the motion directs County departments to coordinate a formal opposition to the rule and submit comments during the 60-day public comment period to highlight the serious harms it could cause residents and housing authorities. 

The motion also directs Los Angeles County Development Authority (LACDA), in collaboration with the Department of Homelessness Services and Housing (HSH) and the Office of Immigrant Affairs (OIA), and in consultation with County Counsel, to provide community education and engagement activities to reach individuals who may be directly affected by the proposed rule. 

Additionally, it instructs County Counsel to monitor any legal action challenging the proposed rule from taking effect, and, support, file and/or join in as amicus or as plaintiff in litigation, as deemed appropriate by County Counsel.