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2.0

DOJ OLC instructs HUD to exclude VAWA self-petitioners and Cuban or Haitian entrants from certain housing assistance

  1. Original Date Announced

    February 18, 2026

    The Department of Justice's (DOJ) Office of Legal Counsel issued a memorandum opinion for the Department of Housing and Urban Development (HUD) advising that federal housing programs governed by Section 214 of the Housing and Community Development Act (HCDA)—like public housing, Housing Choice Vouchers, and Section 8—are “federal means-tested public benefits” under the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). Only noncitizens who are both “qualified” under PRWORA and eligible under Section 214 may obtain HCDA federal housing benefits. Under the memorandum, Violence Against Women Act (VAWA) self-petitioners and Cuban or Haitian entrants, who are "qualified aliens" under PRWORA but not among the HCDA's eligible immigration statuses, are no longer eligible for federal housing assistance.

    See this entry for DOJ's 2025 reinterpretation of the definition of "Federal means-tested public benefit" under PRWORA.

    Trump 2.0 [ID #2209]

    2026.02.18 DOJ Memorandum Opinion - Harmonizing the Professional Responsibility and Work Opportunity Reconciliation Act of 1996 and Section 214 of the Housing and Community Development Act of 1980
  2. Effective Date

    February 18, 2026

Current Status

None

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