HUD to require proof of U.S. citizenship or eligible immigration status for Section 8

The U.S. Department of Housing and Urban Development (HUD) has implemented stricter policies in 2025 to require proof of U.S. citizenship or eligible immigration status for Section 8 housing benefits, aligning with federal law under Section 214 of the Housing and Community Development Act of 1980.

HUD Secretary Scott Turner announced on August 30, 2025, that Public Housing Authorities (PHAs) must provide a comprehensive accounting of all tenants receiving Section 8 vouchers or residing in HUD-funded housing within 30 days, including proof of U.S. citizenship or eligible immigration status (e.g., lawful permanent residency, refugee status, or COFA citizenship).

This follows a March 2025 Memorandum of Understanding (MOU) between HUD and the Department of Homeland Security (DHS) to enforce these requirements and prevent illegal aliens from receiving federal housing assistance.

Key Details

• • Eligibility Requirements: Applicants must provide a signed Declaration of Section 214 Status, a Social Security number, and proof of citizenship (e.g., passport, birth certificate) or eligible immigration status (e.g., green card, Form I-94 with specific annotations). For non-citizens under 62, additional Immigration and Naturalization Service (INS) documentation and a signed Verification Consent Form are required. Those over 62 need only a signed declaration and proof of age.
  • Mixed-Status Households: Currently, mixed-status households (with both eligible and ineligible members) can receive prorated Section 8 assistance based on the number of eligible members. For example, if two of four household members are eligible, the voucher covers 50% of the full benefit. However, HUD is reviewing policies to potentially end proration, which could lead to loss of assistance for such households unless ineligible members (illegal aliens) are removed.
  • Enforcement Actions: HUD is conducting a nationwide audit of PHAs, requiring tenant eligibility verification within 30 days. Non-compliant PHAs risk losing federal funding. A data-sharing agreement with DHS facilitates identifying ineligible tenants through the SAVE (Systematic Alien Verification for Entitlements) program.
  • Impact and Criticism: The policy aims to prioritize U.S. citizens and lawful residents, but critics, including immigrant advocates, argue it may deter eligible mixed-status families from applying due to fear of immigration consequences and raise privacy concerns over data sharing. Approximately 25,000 mixed-status households, including 55,000 children (mostly U.S. citizens or legal residents), could face housing instability if proration ends.
  • Additional Context: HUD’s 2025 FHA mortgage rules also restrict eligibility to U.S. citizens, lawful permanent residents, or COFA citizens, excluding non-permanent residents like DACA recipients.

COFA Agreements

The Compact of Free Association (COFA) agreements are international treaties between the United States and three Pacific Island nations: the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Palau.

These agreements, established in 1986 (FSM and RMI) and 1994 (Palau), define a unique relationship allowing these nations sovereignty while maintaining close economic, military, and social ties with the U.S.

Key features of COFA agreements include:

• • Sovereignty and Defense: COFA nations are independent but grant the U.S. exclusive military access to their land, airspace, and waters. The U.S. provides defense and can establish military bases, while denying other nations’ military access.
  • Economic Assistance: The U.S. provides financial aid, administered through the Department of the Interior, to support infrastructure, health, education, and economic development. For example, the FSM and RMI received fundingomics, and Palau through 2023, with funding transitioning to trust funds (e.g., $1.9 billion for FSM from 2003-2023). Funding for Palau is set to continue until 2044.
  • Migration Rights: COFA citizens can live, work, and study in the U.S. without visas, treated as non-immigrants but with lawful status. This makes them eligible for certain U.S. federal benefits, like HUD housing programs, as equivalent to U.S. citizens or lawful permanent residents.
  • Eligibility for U.S. Benefits: COFA migrants are eligible for programs like Medicaid, SNAP, and HUD assistance (e.g., public housing, Section 8) due to their legal status, though access may vary by state or program rules. Recent HUD policies (e.g., May 2025 FHA mortgage rules) explicitly include COFA citizens as eligible.
  • Strategic Importance: The agreements ensure U.S. influence in the Pacific, countering potential foreign influence (e.g., from China), while COFA nations gain economic and security benefits.

These agreements stem from the U.S. administering these islands as a UN Trust Territory post-World War II until their independence.

COFA migrants face challenges like poverty and health disparities in the U.S., but their unique status ensures access to certain federal programs.