HUD Publishes Notice Confirming Immigration Verification Requirement for CPD Programs
By: Steven Molinari, Policy Analyst
December 2, 2025 — On November 26, HUD published a notice in the Federal Register that lays out their interpretation of “Federal public benefit” as used in Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The interpretation confirms applicability of PRWORA immigration requirements for CPD programs that may have been exempt previously. These programs include:
- HOME;
- HOME-ARP;
- CDBG;
- CDBG-DR;
- Homeless Assistance Grants (ESG and CoC Programs)
- Housing Trust Fund (HTF);
- Housing Opportunities for Persons with AIDS (HOPWA);
- Economic Development Initiative (earmarks)
- Pathways to Removing Obstacles to Housing (PRO Housing);
- Preservation and Reinvestment Initiative for Community Enhancement (PRICE); and
- Self-Help Homeownership Opportunity Program (SHOP)
The notice provides legal justification for requiring grantees to use immigration verification (e.g. Systemic Alien Verification for Entitlements (SAVE)) for federal public benefits and specifically for CPD programs. It also provides justification as to why charitable non-profit organizations are not exempt from this verification process.
According to HUD, “Under PRWORA, although nonprofit charitable organizations that administer ‘Federal public benefits’ are not required to conduct eligibility verification… it does not relieve states or other governments from the requirements to ensure that all relevant programs are in compliance with PRWORA.” HUD further states in the notice that they will be “…issuing new guidelines related to the verification for benefits provided through its housing assistance and grant programs, including for benefits distributed by charitable non-profit organizations.”
The guidelines HUD mentions will be taken from guidance issued by the Department of Homeland Security that have not yet been published.
Since no guidance has been distributed yet, it is unclear what exact steps grantees should be taking to stay in compliance. However, the notice does confirm that HUD is requiring the use of SAVE or other HUD approved immigration verification systems for CPD programs that were previously exempt.