HUD Rule Could Evict Families with Undocumented Immigrants

Proposed policy change could impact nearly 80,000 people, including 37,000 U.S. citizen children

Published on Feb. 25, 2026

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The Department of Housing and Urban Development (HUD) is proposing a rule that would ban families with any undocumented immigrant members from living in federally subsidized housing. The policy change could lead to the eviction of nearly 80,000 people, including 37,000 U.S. citizen children, according to an analysis by the Center on Budget and Policy Priorities.

Why it matters

The proposed HUD rule is part of a broader crackdown on immigration by the Trump administration. Critics argue the policy would unfairly target immigrant families, many of whom have been in the U.S. for decades, and could worsen homelessness and poverty at a time when local governments are already struggling with high rates of people living on the streets.

The details

Undocumented immigrants do not receive federal rental assistance, but they can currently live with family members who do, including many U.S.-born children. HUD Secretary Scott Turner argues this is unfair given limited housing aid funding and long waitlists. However, advocates say mixed-status families actually pay more rent since undocumented tenants receive no subsidy, effectively subsidizing others. If enacted, the rule would have the biggest impact on large cities with large immigrant populations, like New York and Los Angeles.

  • HUD proposed a similar rule change late in Trump's first term, but it was not finalized before the COVID-19 pandemic shifted the administration's focus.
  • The new proposal will be open for public comment for 60 days starting on Friday, February 19, 2026.

The players

Scott Turner

HUD Secretary under the Trump administration who is proposing the rule change.

Shamus Roller

Executive director of the National Housing Law Project, who criticized the proposal as designed to "instill fear and hardship on immigrant families."

Marie Claire Tran-Leung

An attorney with the National Housing Law Project who argues the rule change would make more housing available for everyone, including those on waitlists.

Howard Husock

A scholar at the American Enterprise Institute who argues it's not practical to evict non-citizens currently living in subsidized housing.

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What they’re saying

“Trump's proposal runs contrary to federal law and is designed to instill fear and hardship on immigrant families.”

— Shamus Roller, Executive Director, National Housing Law Project (NPR)

“The net result is to make more housing available for everyone, including people who are on the waiting list.”

— Marie Claire Tran-Leung, Attorney, National Housing Law Project (NPR)

“It makes sense to change the policy for potential new tenants — both to be fair to those on waiting lists and to limit a financial incentive for illegal immigration.”

— Howard Husock, Scholar, American Enterprise Institute (New York Post)

What’s next

The HUD proposal will be open for public comment for 60 days starting on Friday, February 19, 2026. The agency is required to take comments into account before issuing a final version of the rule.

The takeaway

The proposed HUD rule highlights the ongoing tensions around immigration policy and access to affordable housing. While supporters argue it's unfair to house undocumented immigrants, critics warn it could devastate immigrant families and worsen homelessness at a time when local governments are already struggling.