AG Nessel Opposes Federal Effort to Strip Housing Support for Mixed-Status Immigrant Households

LANSING — Michigan Attorney General Dana Nessel has joined a coalition of 22 attorneys general in submitting a comment letter (PDF) opposing a proposed rule by the U.S. Department of Housing and Urban Development (HUD) that would prohibit mixed-status families — families comprised of at least one eligible individual and one or more individuals who are ineligible due to their immigration status — from living in public housing and from receiving other federal housing assistance, including Housing Choice Vouchers (Section 8) and project-based rental assistance. Attorney General Nessel and the coalition urge withdrawal of the proposal because it jeopardizes Michigan families’ access to basic housing, increases burdens on state agencies, and undermines state laws and programs.

“Stripping housing support from Michiganders is unlawful, inhumane, and abandons families when they need help the most,” said Attorney General Nessel. “This proposed rule forces residents into the impossible choice of keeping a roof over their heads by pushing their loved ones – some who have been in this country for decades – onto the streets, or forgoing their housing assistance entirely. It will only exacerbate the housing crisis and cannot be allowed to go into effect.”

Currently, HUD allows mixed-eligibility families to live together in subsidized housing with a decrease in the housing subsidy to exclude ineligible individuals from the assistance. In a major shift, under the proposed rule, entire households would face eviction from subsidized housing if just one member of the household is found ineligible for aid because of their immigration status. Among other things, the proposed rule would:

• Strain State resources by requiring individuals eligible for federal housing assistance to newly verify eligibility and submit additional documentation which will reduce access to subsidized housing to mixed-status families.
• Impose new obligations that will discourage participation in HUD programs, such as requiring public housing authorities and private landlords to notify applicants and tenants that they must inform the Department of Homeland Security immediately whenever they determine that any member of a household is present in the U.S. in violation of the Immigration and Nationality Act.
• Evict families from subsidized housing even when some members, including U.S. citizens, are fully eligible, while also disproportionately burdening elderly citizens, people of color, individuals with disabilities and low-income residents who may struggle to meet documentation requirements.
• Exacerbate the housing crisis and, by HUD’s own analysis, lead to a reduction in the quantity and quality of assisted housing.
• Violate the Administrative Procedure Act (APA) and the Paperwork Reduction Act.

In filing the comment letter, Attorney General Nessel joined the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, and Washington.

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