S. 5259

End Housing Welfare for Illegal Aliens Act

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Sec. 3. Codification of ‘mixed-status’ rule to prevent the prorating of housing assistance to households with illegal alien residents

(a) Restriction on use of assisted housing. Section 214(b) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(b)) is amended by striking paragraph (2) and inserting the following:

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(2) If the eligibility for financial assistance of at least one member of a family has been affirmatively established under the program of financial assistance and under this section, and the ineligibility of one or more family members has not been affirmatively established under this section, the applicable Secretary shall not make any financial assistance available on any prorated basis until eligibility has been affirmatively established for all members of a family regardless of age.

(b) Removal of assistance. Section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a) is amended—

(1) by striking subsection (c);

(2) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively;

(3) in subsection (d), as so redesignated—

(A) in paragraph (2), by striking subsection (d)(4)(A)(ii) and inserting subsection (c)(4)(A)(ii); and

(B) in paragraph (3), by striking subsection (d)(4)(B)(ii) and inserting subsection (c)(4)(B)(ii);;

(4) in subsection (e)(1), as so redesignated, by striking subsection (d) and inserting subsection (c);

(5) in subsection (g), as so redesignated, by striking subsection (d) and inserting subsection (c); and

(6) in subsection (h), as so redesignated, by striking subsection (d) each place that term appears and inserting subsection (c).

(c) Verification of eligibility for housing assistance. Subsection (h) of section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a), as so redesignated under subsection (b), is amended—

(1) in paragraph (1), by striking at least the individual or one family member and inserting individual and all family members regardless of age; and

(2) by adding at the end the following:

Text this section adds to the law

(4) Prorated assistance. With respect to pending verification of eligibility as described in paragraph (1), the applicable Secretary may not provide any financial assistance to any individual or family on any prorated basis until verification of eligibility has been confirmed for all individuals or family members regardless of age.