S. 5259

End Housing Welfare for Illegal Aliens Act

Sponsor: Bill Hagerty

1 cosponsor
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Sec. 1. Short title

This Act may be cited as the End Housing Welfare for Illegal Aliens Act.

Sec. 2. Ineligibility of sanctuary jurisdictions for community development block grants

Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) is amended—

(1) in section 102(a) (42 U.S.C. 5302(a)), by adding at the end the following:

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(25)

(A) Except as provided in subparagraph (B), the term sanctuary jurisdiction means any State or political subdivision of a State that has in effect a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from—

(i) sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual.

(ii) complying with a request lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226, 1357) to comply with a detainer for, or notify about the release of, an individual.

(iii) A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226, 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense.

; and

(2) in section 104(b) (42 U.S.C. 5304(b))—

(A) in paragraph (5), by striking and at the end;

(B) by redesignating paragraph (6) as paragraph (7); and

(C) by inserting after paragraph (5) the following:

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(6) the grantee is not a sanctuary jurisdiction and will not become a sanctuary jurisdiction during the period for which the grantee receives a grant under this title; and

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:

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(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.

Sec. 4. Requiring public housing agencies to affirmatively establish and verify citizenship before providing financial assistance

Subsection (h)(2)(A) of section 214 of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a), as so redesignated under section 3, is amended—

(1) by striking may, notwithstanding paragraph (1) of this subsection, and inserting shall; and

(2) by striking assistance and inserting assistance; and.

Sec. 5. Restricting eligibility of certain noncitizens of the United States for housing programs

Section 214(b)(1) of the Housing and Community Development Act of 1980 (42 U.S.C. 1436a(b)(1)) is amended—

(1) by inserting or section 811 after title III; and

(2) by inserting (42 U.S.C. 12851 et seq., 8013), section 202 of the Housing Act of 1959 (12 U.S.C. 1701q) after Affordable Housing Act.