'Untenable position': Federal rule could force people to choose between family and housing

A proposed change under the Trump administration could force low-income families of mixed immigration status in Walla Walla to either separate or face significant financial burdens, according to local and state experts.

"This change means if one member of the family is undocumented, everyone has to leave (the house)," Renee Rooker, executive director of the Walla Walla Housing Authority, said.

The Department of Housing and Urban Development announced Thursday, Feb. 19, that it would no longer provide certain federal housing subsidies to mixed-status families if the proposed rule becomes final. This would impact five families in Walla Walla, halting their rental assistance. Nationally, that number could reach nearly 20,000, according to HUD's analysis.

The Center on Budget and Policy Priorities, a research and policy institute, estimated in 2025 that such changes could result in 80,000 people losing their rental assistance.

Ultimately, experts believe that if people are compelled to pay more rent than they can afford, states could see an increase in homelessness rates.

The proposed rule is currently open for comment in the Federal Register until Tuesday, April 21.

Proposed changes

A mixed-status family includes at least one member of the household who is ineligible for HUD assistance. Ineligible members are not necessarily undocumented. People with certain legal statuses, such as those on student visas, also do not qualify for federal subsidies.

"If you have three eligible members and one ineligible member of the household, the three eligible members will receive rental assistance, and the fourth person will not, but they're allowed to live in the same household," said Renee Williams, senior adviser for public policy at the National Low Income Housing Coalition, a nonprofit that advocates for low-income renters and homeowners.

If the proposed rule becomes final, everyone in the household must be verified as eligible. Mixed-status families would then either have to separate or vacate the housing, including U.S. citizens.

Williams said many mixed-status families have children who are U.S. citizens but parents who do not qualify for the subsidies.

"If you have one parent who's eligible and one parent who's ineligible, the family might have to separate," she said. "It puts families in this really untenable position of having to make that choice."

Financial strain

The five low-income families in Walla Walla, said Rooker with the Housing Authority, each have at least one member who is undocumented. The households have one to seven children, ranging from a few months old to 19.

The Housing Authority has a contract with HUD and pays at least 38% of the rent for four of the families. For the fifth family, the one with the highest annual income, it pays $47 per month.

They receive project-based subsidies, in which federal rental assistance is tied to specific housing units rather than individual tenants. The units where they live are owned by the Housing Authority.

If the rule becomes final, the Housing Authority would have to relocate the families so they do not end up on the streets.

" I think it's very unconscionable to put families on the street that have already been living in the unit and are not breaking the rules," Rooker said. "I feel it's unfair."

However, the families would then have to pay 100% of their rent because none of the other units owned by the Housing Authority are subsidized.

"It (the proposed rule) is taking something away that helps support your family and have a roof over your head," she said.

Assistance for fewer families

Rooker said the law already states that federal rental assistance cannot be provided to an individual without legal status in the U.S.

Under current law, rental assistance provided to mixed-status families is prorated. They receive reduced subsidies based on the percentage of eligible family members in the household.

Because of how the proration structure works, Williams said, mixed-status families do not receive the full subsidy when someone is ineligible - and that saved money is used to house other families or make repairs to units.

While the federal government's goal with the proposed change is to serve more American citizens and eligible individuals, Williams said fewer families will ultimately be served because a higher subsidy would have to be provided to every qualifying household.

She said the rule would also introduce eligibility verification changes. Currently, U.S. citizens only need to sign a declaration confirming their citizenship status. The new requirements would mandate authorities to run their names through a federal database or request additional documentation such as a birth certificate or passport. All family members would also have to submit their Social Security numbers or employer identification numbers.

"There are a lot of real, practical concerns," Williams said. "How are people going to physically go places if they're not able to do these things online?"

She said it can be difficult for even eligible family members, like survivors of domestic violence, to provide documentation.

"The person who is perpetrating the harm against you might take your identification documents," she said. "So you might not have easy access to them."

According to the policy institute Center for American Progress, in fiscal year 2024, about 47% of American citizens did not have a valid U.S. passport.

If the rule becomes final, mixed-status families would have 90 days to provide documentation after HUD implements it, with the possibility of a 30-day extension.

The rule could result in many eligible families losing their rental assistance, Williams said.

Republican U.S. Rep. Michael Baumgartner's chief of staff, Jenny Gorski, wrote in an email: "Ensuring that federal housing assistance is directed to eligible individuals is important. Our office looks forward to hearing from constituents on this proposed rule and reviewing public input through the notice-and-comment process."

Looking ahead

Williams said the entire country is already facing an affordable housing crisis, and the federal changes could make that worse.

"This is not the way to make housing more affordable for families," she said. "It will result in more folks facing homelessness and housing insecurity."

U.S. Sen. Patty Murray, a Democrat, wrote in an email: "If this rule takes effect, American citizens will be out on the street or forced to separate from their families, caretakers and loved ones. If Trump succeeds, he will only worsen the homelessness crisis in America."

The additional paperwork resulting from the changes, Williams said, would also increase the workload of HUD and housing authority employees.

"This is the wrong policy," she said.

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