The Department of Housing and Urban Development (HUD) published this Thursday in the Federal Register the final rule requiring verification of citizenship or eligible immigration status for all members of a household receiving federal housing assistance, regardless of age.
The regulation comes into effect on December 14, 2026 and may affect families with mixed immigration status residing in Miami-Dade, Broward, and the rest of the United States.
The measure, signed by Secretary Scott Turner and announced on Tuesday through HUD Notice No. 26-091, amends the regulations of Section 214 of the Housing and Community Development Act of 1980.
The covered programs include public housing, Section 8 vouchers, and project-based assistance housing (Section 236 and similar).
The most significant change for mixed-status families is the elimination of the option known as "do not contend," which previously allowed a household member to refrain from declaring any immigration status without immediate consequences, thereby maintaining prorated assistance indefinitely.
Under the new rule, that assistance becomes only a temporary condition while verification is completed. The exemption that protected individuals aged 62 or older, who were previously exempt from certain verification requirements, will also be eliminated.
Turner justified the measure with a priority argument: "It is unacceptable that homeless veterans, people with disabilities, seniors, and victims of domestic violence wait on waiting lists while undocumented immigrants and individuals who do not meet the requirements defraud the system. American taxpayers will no longer foot that bill."
HUD cited a joint audit with the Department of Homeland Security that identified nearly 200,000 tenants with incomplete or unknown eligibility verification. The agency's regulatory analysis estimates that about 20,000 mixed-status families were receiving assistance as of December 2024.
What is happening with Cubans in Florida?
Many Cuban households in South Florida have mixed status: they include citizens, permanent residents, asylees, parolees, and individuals with documents such as the I-220A (Order of Release on Recognizance).
This document does not constitute by itself a parole or an eligible status recognized by HUD under Section 214, and its legal situation remains the subject of federal litigation in the case Bello-Rubio v. Noem, in the Southern District of Florida. Cubans with that order should consult an attorney before responding to any notice from their housing authority.
Cuban parolees with valid humanitarian parole are indeed included among the eligible statuses, but they must also verify it through the DHS SAVE system. Miami-Dade administers rental assistance to over 19,000 families with housing vouchers.
Key deadlines
Housing authorities must notify tenants without documentation by no later than January 11, 2027. Mixed-status families have 90 days from December 14 to submit their documentation (until March 14, 2027), with the possibility of an extension of up to 60 additional days—a maximum of 150 days in total.
The other affected tenants must submit their documents at the next annual or interim recertification of income and family composition. Mixed-status families that meet the requirements can request a temporary deferral of up to a total of 18 months.
Families also have the right to request a hearing within 30 days following the notification of the termination of assistance, which cannot take effect while that process is pending.
The original proposal was published in February and received over 16,000 public comments, including opposition from a coalition of 22 state attorneys general. The National Housing Law Project described the rule as a family separation policy and stated that it will fight to keep families united and housed.
Families with questions should review their documents, respond promptly to notices from their housing authority, and consult a lawyer if they have mixed immigration status before providing information to the SAVE system.
Esta regla de HUD es parte de una serie de cambios que afectan directamente a comunidades inmigrantes en Estados Unidos. Sigue todos los detalles y novedades en nuestra sección de
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