HUD finalizes rule requiring citizenship verification for Section 8 and public housing

By 
, February 23, 2026

The Department of Housing and Urban Development issued a rule on Thursday requiring proof of American citizenship or eligible immigration status for taxpayer-funded housing programs, including Section 8. The rule applies to all applicants and current recipients of assistance, regardless of age, closing a loophole that allowed illegal immigrants to access benefits meant for low-income Americans.

HUD Secretary Scott Turner framed the move as the logical conclusion of an enforcement push that began last August, when the department ordered a review of tenants living in public housing and requested proof of citizenship or eligible immigration status.

"Under President Trump's leadership, the days of illegal aliens, ineligibles, and fraudsters gaming the system and riding the coattails of American taxpayers are over."

That was Turner speaking to Politico. He was not hedging.

What the Rule Actually Does

The rule revises HUD's implementing regulations under Section 214 of the Housing and Community Development Act of 1980. That law already prohibits the HUD Secretary from making financial assistance available to anyone other than U.S. citizens or certain categories of eligible noncitizens, Breitbart News reported. The law has been on the books for over four decades. The problem was never the statute. It was enforcement.

Under previous regulations, HUD allowed "prorated assistance" to continue indefinitely for households where not all members had verified their immigration status. The new rule makes prorated assistance a temporary condition, not a permanent arrangement. Verify your status, or the assistance ends. That is the kind of basic accountability that should have been standard from the beginning.

The rule also eliminates age-based exemptions from verification. Previously, certain household members could avoid the verification process altogether. Now everyone is subject to the same requirement. One standard. No carve-outs.

The Loophole That Shouldn't Have Existed

Turner described the rule as closing "decades-old loopholes," and the timeline supports him. Congress passed the underlying statute in 1980. For forty-five years, the implementing regulations failed to match the plain language and purpose of the law. Illegal immigrants were not technically eligible for housing assistance. But the verification framework was loose enough that access was possible, and prorated benefits could flow indefinitely to mixed-status households with no deadline for resolution.

About two percent of illegal immigrant-headed households are on housing assistance. Six percent of legal immigrant-headed households receive the same. Those numbers may sound small in percentage terms, but every unit occupied by someone who does not qualify is a unit unavailable to an American citizen or lawful resident on a waiting list. Section 8 waiting lists in major cities stretch for years. Some are closed entirely because demand overwhelms supply.

Turner put it plainly:

"We have zero tolerance for pushing aside hardworking U.S. citizens while enabling others to exploit decades-old loopholes."

That is the core issue. This is not an abstract policy debate. It is a question of who comes first when resources are finite. The answer should be obvious.

Enforcement Follows Review

This rule did not materialize overnight. In August of last year, HUD ordered the review of tenants living in public housing and requested proof of citizenship or eligible immigration status. That review established the factual foundation for Thursday's action. The department identified the scope of the problem, then moved to fix it through formal rulemaking.

The sequence matters. Review first, then rule. Evidence first, then enforcement. That is the kind of deliberate, structured approach that makes policy durable. It also makes legal challenges harder to sustain, because the administrative record reflects a reasoned process rather than a snap decision.

Turner signaled the trajectory months ago:

"The beginning of the end for illegals living in taxpayer-funded housing starts now."

The Principle at Stake

The broader principle here is not complicated, even if Washington spent decades pretending it was. Taxpayer-funded programs exist for the benefit of taxpayers and those lawfully present in the country. Requiring proof of eligibility is not radical. It is the minimum threshold of program integrity. Every other federal benefit program with means-tested eligibility requires some form of identity and status verification. Housing was the outlier, and now it is being brought into alignment.

Critics will inevitably frame this as cruel. They always do. But cruelty is making an American family wait years for housing assistance while someone in the country illegally occupies a subsidized unit. Cruelty is tolerating a system where the rules exist on paper but not in practice. Enforcing the law as written is not an act of hostility. It is an act of basic fairness to every citizen who plays by the rules and pays the taxes that fund these programs.

Forty-five years after Congress drew the line, HUD is finally enforcing it.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson