Despite widespread opposition from across the country, the Department of Housing and Urban Development (HUD) is moving forward with a rule that would force families with mixed immigration statuses living in HUD housing to either separate or be evicted. Up to 80,000 people could lose their homes, including 37,000 children.
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.
- Mixed status families have the right to live together in HUD-assisted housing as long as one family member is a U.S. citizen or a noncitizen with eligible immigration status. Nobody has to leave, no matter what their citizenship or immigration status is.
- Family members who do not receive HUD assistance do not need to share their immigration status with HUD, the public housing authority, or the project owner. They have the right to keep their immigration status private.
Consult a lawyer before making a decision about whether to stay or leave or whether to share information about a family member’s immigration status. Contact Mass Union at info@massunion.org if you need help. Learn more about your legal rights at MassLegalHelp.org.
What is the law?
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.
During the proposal’s comment period, over 13,000 comments were submitted nationwide. Mass Union along with twelve of Mass Union’s local tenant organizations submitted comments 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.
What does HUD’s final rule say?
HUD’s final rule would ban mixed status families from HUD-assisted housing.
- Every household member would have to be a U.S. citizen, U.S. national, or a noncitizen with eligible immigration status for the household to receive HUD housing assistance.
- Prorated assistance would only be available, if at all, while some family members await final verification of citizenship or immigration status.
- All HUD tenants, regardless of age, will have to verify their U.S. citizenship, U.S. nationality, or eligible immigration status. This new requirement would apply to millions of HUD tenants, including residents age 62 or older.
What is Mass Union doing?
Mass Union is closely reviewing the final rule with our members and exploring all available avenues with our allies to stop it.
Mass Union would like to connect with mixed status families whose housing may be at risk due to the final rule. Please reach out to info@massunion.org
What can I do?
Help your neighbors know their rights.
Make sure your neighbors know that the law has not yet changed. Nobody has to leave, and family members who do not receive HUD assistance do not need to share their immigration status. You can use this flyer from Mass Union to spread accurate information.
More information about the legal rights of immigrants in public housing is available in English and Spanish from MassLegalHelp.org.
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