Immigration: Noncitizen Eligibility for Needs-Based Housing Programs (CRS Report for Congress)
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| Release Date |
Revised Dec. 8, 2015 |
| Report Number |
RL31753 |
| Report Type |
Report |
| Authors |
Alison Siskin, Specialist in Immigration Policy; Maggie McCarty, Specialist in Housing Policy |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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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 (§202) and the disabled (§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.
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.
