Attorney General Jay Jones Opposes Federal Effort to Strip Housing Support for Mixed-Status Immigrant Households 

RICHMOND, Va. — Attorney General Jay Jones recently co-led a coalition of 22 attorneys general in submitting a comment letter opposing a proposed rule by the U.S. Department of Housing and Urban Development (HUD) that would prohibit mixed-status families from living in public housing and from receiving other federal housing, including Housing Choice Vouchers (Section 8) and project-based rental assistance. This represents a departure from their current policy, which simply reduces the award amount proportionally for non-eligible residents. 

Attorney General Jones and the coalition urge withdrawal of the proposal because it jeopardizes Virginia families’ access to desperately-needed housing, increases burdens on state agencies, and undermines state laws and programs.  

 “Every family deserves a safe place to call home. This rule would not only prevent families from accessing housing service, but it would also allow currently housed families to be evicted,” said Attorney General Jay Jones. “Virginia families deserve better, and I am proud to stand with my colleagues from across the nation in fighting back against this proposed rule.” 

Currently, HUD allows mixed-eligibility families to live together in subsidized housing with a decrease in the housing subsidy to exclude ineligible individuals from the assistance. In a major shift, under the proposed rule, entire households would face eviction from subsidized housing if just one member of the household is found ineligible for aid because of their immigration status. Among other things, the proposed rule would:  

• Strain state resources by requiring individuals eligible for federal housing assistance to newly verify eligibility and submit additional documentation which will reduce access to subsidized housing to mixed-status families. 

• Impose new obligations that will discourage participation in HUD programs, such as requiring public housing authorities and private landlords to notify applicants and tenants that they must inform the Department of Homeland Security immediately whenever they determine that any member of a household is present in the U.S. in violation of the Immigration and Nationality Act. 

• Evict families from subsidized housing even when some members, including U.S. citizens, are fully eligible, while also disproportionately burdening elderly citizens, people of color, individuals with disabilities and low-income residents who may struggle to meet documentation requirements.  

• Exacerbate the housing crisis and, by HUD’s own analysis, lead to a reduction in the quantity and quality of assisted housing.  

• Violate the Administrative Procedure Act (APA) and the Paperwork Reduction Act. 

In filing the comment letter, Attorney General Jay Jones joined the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawai'i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington. 

Published on: April 30, 2026

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