Since 1996, federal law as passed by Congress has allowed families with mixed immigration statuses to live together in HUD housing even if one or more members were undocumented or ineligible for assistance. If a family member is not eligible they do not receive a housing subsidy and HUD “prorates” the family’s rent—funding only the eligible family members while allowing the ineligible member to live in the home.
HUD first attempted to overturn this law during the first Trump Administration, but received widespread opposition and did not finalize their rule. HUD renewed their attempt to evict mixed status families with a proposed rule change released in February 2026.
The proposal’s comment period ended on April 21. Over 13,000 comments were submitted nationwide. Twelve of Mass Union’s local tenant organizations submitted a comment on behalf of their members, representing thousands of tenants in Boston, Brockton, Cambridge, Chicopee, Fall River, Lowell, Somerville, Springfield, and Quincy. State Senators and State Legislators also sent a joint letter opposing the rule.
- Senator Payano’s letter opposing the mixed-status rule (PDF)
- Representative Cruz’s letter opposing the mixed-status rule (PDF)
Mass Union Comments
- Mass Union and Mass Law Reform Joint Comment
- Alliance of Cambridge Tenants
- Boston Housing Authority Youth Council
- Boston Housing Authority Resident Advisory Board (RAB)
- Brockton Resident Alliance
- Charlestown Resident Alliance
- Fairhaven Tenant Organization (Chicopee)
- Fall River Joint Tenant Council
- Harborview Tenant Organization (Quincy)
- Jennie Lane Apts Tenant Organization (Springfield)
- Lowell Tenant Organization
- Mildred Hailey Tenant Organization (Jamaica Plain)
- Mystic Tenant Association (Somerville)
On Wednesday, November 11, 2026, HUD published the final mixed status rule. It is scheduled to go into effect on Monday, December 14, 2026. We are working with our allies to stop this rule. It is possible the rule could be delayed from taking effect or stopped altogether. Until HUD’s final rule goes into effect, mixed status families have the same rights as they have for decades and the law stays the same.