Assisting Immigrants with HUD Programs and Other Public

Benefits:Citizenship Eligibility Requirements in HUD’s Homelessness Programs

National Conference on Ending Homelessness

July 13, 2010

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Outline of Presentation

1. The Law Personal Responsibility and Work Opportunity

Act HUD Regulations

2. Applying the Law Emergency Shelter Grants Shelter Plus Care Supportive Housing Program HPRP

3. What’s Next?4. Questions

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The Law: Personal Responsibility and Work Opportunity Reconciliation Act

The Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) is the welfare reform legislation passed in 1996

Restricts eligibility for “federal public benefits” to citizens and qualified aliens (8 U.S.C. 1611)

What is a “federal public benefit”? “any . . . public or assisted housing . . . for which

payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States”

HUD has not defined “public or assisted housing”

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The Law: PRWORA Exemptions

NOT subject to PRWORA’s citizenship verification requirements: Programs that don’t fall under definition of

“federal public benefit” Programs, specified by the AG, that meet the

following exceptions: Deliver in-kind services at the community level; Do not condition the provision, amount, or cost of

assistance on recipient’s income or resources; and Are necessary for the protection of life or safety

Public benefits provided by nonprofit charitable organizations

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The Law: HUD Regulations HUD has never issued regulations

implementing PRWORA

HUD regulations implementing McKinney-Vento programs contain no immigration restrictions

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The Law: HUD Regulations (cont.)

HUD regulation 24 C.F.R. Part 5, Subpart E: Restricts eligibility for certain housing

programs to citizens and certain noncitizens Section 8 Housing Assistance Programs Public Housing Section 235 and Section 236 Housing Rent Supplement Program Housing Development Grant Programs

Does NOT apply to McKinney-Vento programs or HPRP

Exception: SRO component of Shelter Plus Care (operated under Section 8 rules)

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Applying the Law: General Considerations

Is the program a “federal

public benefit”?

Is the program a “federal

public benefit”?

YESYES

Does the program meet

all three exceptions?

Does the program meet

all three exceptions?

Exempt from verification

requirements

NONO

Exempt from verification

requirementsYESYES

Is the program administered by

a nonprofit?

Is the program administered by

a nonprofit?YESYES

Exempt from verification

requirements

Subject to verification

requirements

NONO

NONO

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Applying the Law: HUD’s View

HUD’s view since 1987: McKinney-Vento programs are generally not subject to immigration restrictions, with limited exceptions

Recent indications that HUD may reconsider its view with upcoming HEARTH Act regulations

Concern that HUD’s reinterpretation may restrict the availability of homeless assistance

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Applying the Law: Emergency Shelter Grants

EXEMPT from citizenship verification requirements: Delivers in-kind services? Not conditioned on recipient’s income? Necessary for protection of life or safety?

Short-term shelters specifically exempted from PRWORA verification requirements by the Attorney General (66 Fed. Reg. 3613, “Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation”)

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Applying the Law: Shelter Plus Care Program

Arguably exempt Is SPC a “federal public benefit”?

Not included in various definitions of “public or assisted housing”

Unlike other types of public or assisted housing Serves homeless individuals with disabilities Rental assistance bundled with supportive services

Does SPC fall under the exceptions? Delivers in-kind services? X Not conditioned on recipient’s income? X Necessary for protection of life or safety?

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Applying the Law: Shelter Plus Care Program (cont.)

Administered by a nonprofit organization? Sometimes…

Policy justifications for exempting SPC Many homeless individuals lack documentation Individuals with disabilities may lack resources or

capacity required to obtain documentation Delay caused by verification could have life or

death consequences for vulnerable populations

Applying the Law: Shelter Plus Care Program (cont.)

HUD’s view: SRO component subject to 24 CFR Part 5,

Subpart E Assistance restricted to citizens and certain

noncitizens with eligible immigration status State and local governments that directly

administer SPC consult with legal counsel for interpretation of PRWORA

Nonprofits that administer SPC exempt

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Applying the Law:Supportive Housing Program

Likely exempt Is SHP a “federal public benefit”?

Not included in various definitions of “public or assisted housing”

Unlike other types of public or assisted housing Many uses of SHP funds are not tied to an

“individual, household, or family eligibility unit” Does SHP fall under the exceptions?

Delivers in-kind services? Depends… Not conditioned on recipient’s income? Depends… Necessary for protection of life or safety?

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Applying the Law: Supportive Housing Program (cont.)

Administered by a nonprofit organization? Sometimes…

Policy justifications for exempting SHP Same as SPC

HUD’s view: SHP transitional housing Exempt SHP permanent housing Subject to

verification requirements (if administered by state or local governments)

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Applying the Law: HPRP Arguably exempt Is HPRP a “federal public benefit”?

Not included in various definitions of “public or assisted housing”

Unlike other types of public or assisted housing HPRP funds are not provided directly to an

“individual, household, or family eligibility unit” Does HPRP fall under the exceptions?

Delivers in-kind services? Depends… Not conditioned on recipient’s income? Depends… Necessary for protection of life or safety?

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Applying the Law: HPRP (cont.)

Administered by a nonprofit organization? Sometimes…

Policy justifications for exempting HPRP HPRP is intended to be a rapid, preventative

response to impending homelessness Imposing restrictions would create obstacles for

individuals seeking to escape homelessness Delays caused by verification requirements

inconsistent with the program’s purpose

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Applying the Law: HPRP (cont.)

HUD’s View: State and local governments that directly

administer HPRP assistance subject to citizenship verification requirements

Nonprofit organizations that administer HPRP assistance exempt (but may choose to verify)

Results in pro-ration of assistance to households in which some members are eligible and others are not

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What’s Next? Forthcoming HEARTH Act regulations

May provide clarification or impose new requirements HEARTH Act Sec. 1302(g): Administration of Rental

Assistance: “Provision of permanent housing rental assistance shall be

administered by a State, unit of general local government, or public housing agency’’

May mean more programs and services are subject to verification requirements…

Other HEARTH Act programs less likely to be subject to verification requirements

Unlikely to fall under the definition of “federal public benefit” Problem: How will HEARTH Act regulations deal with funding

for different activities coming through one program?

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Questions

?

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Contact Information

Jeremy RosenPolicy Director

National Law Center on Homelessness and Poverty

(202) 638-2535 x210jrosen@nlchp.org