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HOUSING AND SERVING UNDOCUMENTED IMMIGRANTS WHO ARE HOMELESS
HOMEBASE, THE CENTER FOR COMMON CONCERNS
Cynthia Nagendra
Staff Attorney HomeBase
HomeBase, Advancing Solutions to Homelssness
July 23, 2013 NAEH Reframing for the Future
Annual Conference
Overview
Citizen verification restrictions in federally assisted and other subsidized housing
Section 8 and Public Housing HPRP/ESG HUD Programs
Limited protections in the law for immigrant survivors of domestic violence
Fair Housing Practical strategies for working with undocumented
individuals and families
HomeBase, Advancing Solutions to Homelessness
The Law
Personal Responsibility And Work Opportunity Reconciliation Act (PRWORA)
Welfare reform legislation passed in 1996
Restricts eligibility for “federal public benefits” to
citizens and qualified aliens (8 U.S.C. 1611)
Citizen Verification Requirements
HomeBase, Advancing Solutions to Homelessness
The Law in Relation to Nonprofits
Public benefits provided by nonprofit charitable
organizations are NOT subject to PRWORA’s citizenship verification requirements
HomeBase, Advancing Solutions to Homelessness
HUD Regulations: Restricted Programs
Section 214 of the Housing and Community Development Act: Restricts eligibility for certain housing programs to
citizens and certain noncitizens Section 8 Housing Assistance Programs Public Housing Housing Choice Voucher Program Section 235 (Home Ownership) and Section 236 Housing Rent Supplement Program Housing Development Grant Program (HoDAG)
HomeBase, Advancing Solutions to Homelessness
Nonprofits are not restricted
Even under the welfare reform law: Nonprofit charitable organizations are NOT REQUIRED
to determine, verify, or otherwise ask for proof of an immigrant’s status
Nonprofits cannot “knowingly” serve undocumented
immigrants, but do not have to ask about status As a result, nonprofits CAN create a safe environment
for immigrants who are seeking services HomeBase, Advancing Solutions to Homelessness
Don’t Ask
HomeBase, Advancing Solutions to Homelessness
HUD Regulations: Unrestricted Programs Immigrants are eligible for these programs:
McKinney homeless programs Low Income Housing Tax Credit (LIHTC) Section 202 Supportive Housing for the Elderly Section 811 Supportive Housing for the Disabled Community Development Block Grant HOME HOPWA Section 515 Rural Rental Housing Program Indian Housing
HomeBase, Advancing Solutions to Homelessness
State and Local Subsidies
State and local governments may have
supplemental subsidies without immigration status restrictions that a family may use to obtain housing or fill in gaps
HomeBase, Advancing Solutions to Homelessness
Focus on Types of Housing
Section 8 and Public Housing Homelessness Prevention and Rapid Rehousing
Program (HPRP) ESG
HomeBase, Advancing Solutions to Homelessness
Section 214 Eligibility Requirements for Public Housing and Section 8
Categories of immigrants eligible for public housing and section 8 Lawful permanent residents Lawful temporary residents Refugees, asylees, trafficking victims, and persons
granted withholding of deportation or removal Parolees Qualified victims of trafficking
HomeBase, Advancing Solutions to Homelessness
“Mixed Families”
NOTE: NOT all members of the household NOR the head of household NEED TO BE eligible for housing assistance
If at least one member of a household is a US citizen or an eligible immigrant, which could be a child, the family can live in public housing or Section 8
Rent subsidy is pro-rated based on the number of eligible persons in the household
HomeBase, Advancing Solutions to Homelessness
“Mixed Families”
Family members who do not have eligible immigration status can be the head of household for purposes of: income eligibility determination of rent and entering into a lease, even though their occupancy
is not being subsidized.
HomeBase, Advancing Solutions to Homelessness
Mixed Families
Public Housing Authorities do not have to verify immigration status each year for continued assistance Only had to verify status if there is a new family
member Citizenship evidence only one time
A PHA may establish a preference for housing residents with eligible status
HomeBase, Advancing Solutions to Homelessness
Reporting Requirements?
Housing Authorities are required to report information to USCIS only in very limited cases
The reporting obligation is not triggered by:
A statement by the immigrant A worker’s suspicion about a person’s immigration status A formal finding that the person is ineligible for a benefit
TIP: Your local housing authority may have different
guidelines. Get information on local practices.
HomeBase, Advancing Solutions to Homelessness
What we know from HPRP
HUD issued limited guidance on immigrant’s eligibility
All state and local governments must verify HUD has said that you cannot “knowingly” provide
HPRP to someone who is not a qualified alien, BUT nonprofits are not required to verify immigration status.
HomeBase, Advancing Solutions to Homelessness
ESG
Federal regulations require that local governments receiving ESG funds determine residency status, but it does NOT for nonprofits providing homeless services.
However, if you determine for one, you determine
for all and must follow DOJ guidance
HomeBase, Advancing Solutions to Homelessness
Fair Housing
HomeBase, Advancing Solutions to Homelessness
Do undocumented residents have the same fair housing protections as citizens and legal immigrants? Prohibiting renting to undocumented immigrants The Fair Housing Act prohibits housing discrimination of the
seven protected classes National Origin
Regardless of any anti-immigration policies a community is
attempting to enact, it is the responsibility of every housing provider to recognize the rights of the seven protected classes.
Immigration Status and Victims of DV
DV Victims who are married to their abusers can legalize their immigration status independent of their abusers. (VAWA self-petition)
VAWA Self-Petition Violence Against Women Act Under VAWA, battered spouses or children may self-
petition for lawful permanent residence without the batterer’s knowledge
HomeBase, Advancing Solutions to Homelessness
Immigration Status and Victims of DV
U Visas are available to victims of certain crimes who can provide certification from an authority that the victim has been helpful or is likely to be helpful in the investigation or prosecution of the crime.
T Visas allow certain trafficking victims to remain in
the US if they are willing to assist with the investigation and prosecution of trafficking cases T Visa holders are eligible for HUD-subsidized housing
HomeBase, Advancing Solutions to Homelessness
Finding Options for Immigrants
When assisting immigrant families in accessing subsidized housing:
Identify the type of housing that is being applied for
Identify the housing applicant’s immigration status
Decide if the housing applicant is eligible that type of
housing
HomeBase, Advancing Solutions to Homelessness
Tips
Service providers: Think about the consequences of asking about immigration status during intake. If you don’t need to know, make that explicit to the individual
Get help from an advocacy organization if a
housing provider plans to impose immigration restrictions
HomeBase, Advancing Solutions to Homelessness
Resources
NATIONAL HOUSING LAW PROJECT
VERA INSTITUTE OF JUSTICE, CENTER ON IMMIGRATION AND JUSTICE
AMERICAN IMMIGRATION LAWYERS ASSOCIATION
NATIONAL IMMIGRATION LAW CENTER
HomeBase, Advancing Solutions to Homelessness
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