Federal housing policy proposal puts children and families at risk

HUD’s proposed rule is especially harmful at a time when so many families are struggling amid federal cuts to social safety net programs

A newly proposed ‘mixed status’ rule from the U.S. Department of Housing and Urban Development (HUD) could have destabilizing and life-altering consequences for children and families. (Adobe Stock image)

By David Hinojosa, Co-Director of Litigation at NCYL

Imagine being told your family can only keep its home only if everyone can produce the right paperwork. If even one person can’t, you’ll have to choose between staying housed and staying together. This nightmare scenario, which no one should be forced to experience, will become a reality for families across the country under a new proposed “mixed status” rule from the U.S. Department of Housing and Urban Development (HUD). For children, the consequences would be destabilizing, and, in many cases, life-altering.

This week, NCYL submitted a public comment formally opposing the proposed rule and calling for its withdrawal. This proposal moves us in the wrong direction at an especially difficult time when families are already struggling to afford rent, food and the other basic necessities of life.

We stand against this rule because children and families deserve the support they need to thrive.

Federal rental assistance helps millions of families avoid homelessness each year. But under this proposal, every member of a household, including children, would need to have their citizenship or immigration status verified through a federal system known to produce errors and delays. Even fully eligible families could lose assistance simply because they lack easy access to documents like passports or birth certificates.

For families who can’t access these documents, the stakes couldn’t be higher. The rule would effectively force families to choose between separating from loved ones or losing their housing assistance altogether.

When families lose housing, the impacts are often severe. Children who experience housing instability are more likely to fall behind in school, suffer health setbacks, and be drawn into the foster system. Homelessness also increases young people’s vulnerability to exploitation and trafficking, sometimes within days of losing stable shelter.

These risks are especially alarming given the broader context. The U.S. already faces a severe shortage of affordable housing, and federal budget cuts have weakened or threaten to weaken other social safety net supports upon which families rely, including food assistance and healthcare. Adding new barriers to housing will only deepen this crisis.

There’s a better path forward. If we truly want young people and families to thrive, we need policies that expand access to safe, stable housing and keep families together. HUD’s proposed rule fails this simple test. Let’s not put more families at risk.

David Hinojosa is Co-Director of Litigation at the National Center for Youth Law, where he helps guide the organization’s litigation strategy to protect the interests and rights of children and youth.