HUD Sends Letter on Verifying Citizenship and Immigration Status to PHA Executive Directors
By: Tushar Gurjal, Senior Policy Manager and Kris Evans, Content Specialist, HUD Programs and Policies
December 18, 2025 — On December 16, HUD sent a letter to PHA executive directors that discussed the requirements “. . . to document and verify the citizenship or eligible immigration status of individuals prior to admission to the Public Housing or Housing Choice Voucher program, and to prorate assistance for any households where ineligible noncitizens reside.”
The letter has three main sections. The first provides an overview of the current requirements to verify immigration status or citizenship. A footnote states that HUD is working on changing these regulations and that a rule is likely to be published within 45 days of the letter being sent. The second section provides a list of regulatory and guidance documents that may be used as resources by PHAs. Finally, the third section is an appendix that provides a crosswalk between Systematic Alien Verification for Entitlements (SAVE) system responses and a person’s eligibility for HUD assistance (i.e., the appendix helps categorize the response from SAVE when verifying immigration status into whether the individual is eligible, ineligible, or requires more information for HUD assistance).
Overview of Current Requirements
Citizenship or eligible immigration status must be determined for any family member prior to admission to the Public Housing or Housing Choice Voucher program. U.S. citizens and eligible noncitizens must sign a declaration of their status. Eligible noncitizens must provide certain other supporting documentation. Those family members that do not sign a declaration of their status or provide the required supporting documentation will be considered ineligible for housing assistance.
Housing agencies must verify eligible immigration status through the SAVE system. Housing agencies may email SAVE.help@uscis.dhs.gov for any issues with SAVE access. If the SAVE system cannot confirm an individual’s eligible immigration status or if the system verifies an immigration status that is not eligible, then the PHA must submit a request for secondary or additional verification to the U.S. Citizen and Immigration Services (USCIS). If the secondary verification fails, the PHA must notify the family of their right to appeal. Assistance must be denied when both primary and secondary verification fails and the family does not appeal.
In instances where one or more members of a family do not contend immigration status, and other family members establish their citizenship or eligible immigration status, the family may be eligible for continued assistance, temporary deferral of termination, or prorated assistance. If the PHA determines that a family has knowingly permitted an ineligible noncitizen—other than any ineligible noncitizen listed on the lease—to permanently reside in the unit, then the family’s lease must be terminated.
The letter also notes that “. . . if a PHA formally makes a finding of fact or conclusion of law, supported by a determination from [the Department of Homeland Security (DHS)] or the Executive Office of Immigration Review (e.g., a Final Order of Deportation), that an individual is not lawfully present in the United States, then the PHA must provide to DHS a report of the person’s name, address, and other identifying information that the PHA has.” It should be noted that “. . . a SAVE response of no service record or verification of an immigration status that makes an individual ineligible for housing assistance is not a finding of fact of conclusion of law that the individual is not lawfully present.” At least four times annually, if the PHA has knowledge of an individual who is not lawfully present, they must provide a report to DHS by sending an email to benefitgrantingletters@uscis.dhs.gov.
As NAHRO understands the guidance, PHAs are not expected to undertake independent investigations of immigration status beyond required eligibility determinations, make determinations of unlawful presence, or elevate SAVE verification results on their own. Reporting applies only in limited circumstances where a determination has already been made by DHS or the Executive Office of Immigration Review and the PHA has relied on that determination in its decision-making.
The letter also notes that PHAs must require applicants to disclose and document Social Security Numbers of all family members, except ineligible noncitizens, as a condition of admission and continued assistance. The letter notes additional details of this requirement and notes certain exceptions.
NAHRO strongly advises its members to carefully read through the letter, the underlying regulations, the guidance referenced, and to examine the appendix providing the crosswalk between SAVE statuses and eligibility for assistance. Please note that this article is a summary of the letter and does not reiterate every point in the letter, so reading the full letter is crucial.
The full letter can be found here.