The Department of Housing and Urban Development (HUD) announced a new regulation on Thursday, published in the Federal Register, requiring all household members receiving federal housing assistance to verify their citizenship or eligible immigration status, regardless of age.
Set to take effect on December 14, 2026, this rule could impact mixed-status families living in Miami-Dade, Broward, and across the United States.
Signed by Secretary Scott Turner and revealed in the HUD No. 26-091 release on Tuesday, this regulation modifies the Section 214 rules of the Housing and Community Development Act of 1980.
The affected programs include public housing, Section 8 vouchers, and project-based assistance housing (Section 236 and similar programs).
Major Changes for Mixed-Status Families
The most notable change for mixed-status families is the removal of the "do not contend" option, which previously allowed a household member to avoid declaring immigration status without immediate consequences, thereby maintaining prorated assistance indefinitely.
Under the new regulation, this assistance will only be temporary until verification is completed. The exemption for individuals aged 62 or older, who were previously excused from certain verification requirements, will also be abolished.
Turner defended the measure, prioritizing it as necessary: "It is unacceptable for homeless veterans, individuals with disabilities, seniors, and victims of domestic violence to remain on waiting lists while undocumented immigrants and ineligible individuals exploit the system. American taxpayers will no longer bear this burden."
HUD referenced an audit conducted jointly with the Department of Homeland Security, which found roughly 200,000 tenants with incomplete or unknown eligibility verification. The agency's regulatory analysis estimated that approximately 20,000 mixed-status families were receiving assistance as of December 2024.
Impact on Cuban Families in Florida
Many Cuban households in South Florida are of mixed status, comprising citizens, permanent residents, asylum seekers, parolees, and individuals holding documents like the I-220A (Order of Release on Recognizance).
This document alone does not constitute a parole or an eligible status recognized by HUD under Section 214, and its legal standing is still under federal litigation in the Bello-Rubio v. Noem case in the Southern District of Florida. Cubans holding this order should seek legal advice before responding to any notices from their housing authority.
Cuban parolees with valid humanitarian parole are considered eligible statuses but must still verify through the DHS SAVE system. Miami-Dade administers rental assistance to over 19,000 families using housing vouchers.
Key Deadlines and Compliance
Housing authorities are required to notify undocumented tenants by January 11, 2027. Mixed-status families must submit their documentation within 90 days from December 14, with the possibility of a 60-day extension, totaling up to 150 days.
Other affected tenants must provide their documents during the next annual or interim recertification of income and family composition. Eligible mixed-status families can request a temporary deferral for up to 18 months in total.
Families have the right to request a hearing within 30 days after receiving a termination notice, which cannot be enforced while the procedure is pending.
The initial proposal, published in February, received over 16,000 public comments, including opposition from a coalition of 22 state attorneys general. The National Housing Law Project condemned the rule as a family separation policy and vowed to fight for families to remain united and housed.
Families with questions should review their documents, respond promptly to housing authority notices, and consult an attorney if they have mixed immigration status before submitting information to the SAVE system.
This HUD rule is part of a broader series of changes directly affecting immigrant communities in the United States. Stay informed with updates in our U.S. Immigration section.
Understanding HUD's New Housing Regulation
What is the primary change introduced by the new HUD regulation?
The regulation mandates citizenship or eligible immigration status verification for all household members receiving federal housing assistance, removing the "do not contend" option and senior exemptions.
How will this rule affect mixed-status families in Florida?
Mixed-status families, such as many Cuban households in Florida, may face challenges with assistance verification requirements, potentially losing prorated aid if they cannot verify eligible immigration status.
What are the deadlines for affected families to comply with the new HUD rule?
Families must provide documentation within 90 days from December 14, 2026, with a possible extension of up to 60 additional days. Housing authorities must notify undocumented tenants by January 11, 2027.