HOUSING AND SERVING UNDOCUMENTED IMMIGRANTS WHO ARE HOMELESS

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1 HomeBase, Advancing Solutions to Homelssness HOUSING AND SERVING UNDOCUMENTED IMMIGRANTS WHO ARE HOMELESS July 23, 2013 NAEH Reframing for the Future Annual Conference Cynthia Nagendra Staff Attorney HomeBase HOMEBASE, THE CENTER FOR COMMON CONCERNS

2 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

3 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

4 The Law in Relation to Nonprofits Public benefits provided by nonprofit charitable organizations are NOT subject to PRWORA s citizenship verification requirements

5 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)

6 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

7 Don t Ask

8 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

9 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

10 Focus on Types of Housing Section 8 and Public Housing Homelessness Prevention and Rapid Rehousing Program (HPRP) ESG

11 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

12 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

13 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.

14 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

15 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.

16 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.

17 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

18 Fair Housing 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.

19 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 selfpetition for lawful permanent residence without the batterer s knowledge

20 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

21 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

22 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

23 Resources NATIONAL HOUSING LAW PROJECT VERA INSTITUTE OF JUSTICE, CENTER ON IMMIGRATION AND JUSTICE AMERICAN IMMIGRATION LAWYERS ASSOCIATION NATIONAL IMMIGRATION LAW CENTER