42 U.S.C. § 1436a : US Code - Section 1436A: Restriction on use of assisted housing by non-resident aliens

Search 42 U.S.C. § 1436a : US Code - Section 1436A: Restriction on use of assisted housing by non-resident aliens

(a) Conditions for assistance
Notwithstanding any other provision of law, the applicable
Secretary may not make financial assistance available for the
benefit of any alien unless that alien is a resident of the United
States and is -
(1) an alien lawfully admitted for permanent residence as an
immigrant as defined by section 1101(a)(15) and (20) of title 8,
excluding, among others, alien visitors, tourists, diplomats, and
students who enter the United States temporarily with no
intention of abandoning their residence in a foreign country;
(2) an alien who entered the United States prior to June 30,
1948, or such subsequent date as is enacted by law, has
continuously maintained his or her residence in the United States
since then, and is not ineligible for citizenship, but who is
deemed to be lawfully admitted for permanent residence as a
result of an exercise of discretion by the Attorney General
pursuant to section 1259 of title 8;
(3) an alien who is lawfully present in the United States
pursuant to an admission under section 1157 of title 8 or
pursuant to the granting of asylum (which has not been
terminated) under section 1158 of title 8;
(4) an alien who is lawfully present in the United States as a
result of an exercise of discretion by the Attorney General for
emergent reasons or reasons deemed strictly in the public
interest pursuant to section 1182(d)(5) of title 8;
(5) an alien who is lawfully present in the United States as a
result of the Attorney General's withholding deportation pursuant
to section 1231(b)(3) of title 8;
(6) an alien lawfully admitted for temporary or permanent
residence under section 1255a of title 8; or
(7) an alien who is lawfully resident in the United States and
its territories and possessions under section 141 of the Compacts
of Free Association between the Government of the United States
and the Governments of the Marshall Islands, the Federated States
of Micronesia (48 U.S.C. 1901 note) and Palau (48 U.S.C. 1931
note) while the applicable section is in effect: Provided, That,
within Guam any such alien shall not be entitled to a preference
in receiving assistance under this Act over any United States
citizen or national resident therein who is otherwise eligible
for such assistance.
(b) "Financial assistance" defined
(1) For purposes of this section the term "financial assistance"
means financial assistance made available pursuant to the United
States Housing Act of 1937 [42 U.S.C. 1437 et seq.], section 1715z
or 1715z-1 of title 12, the direct loan program under section 1472
of this title or section 1472(c)(5)(D), 1474, 1490a(a)(2)(A), or
1490r of this title, subtitle A of title III of the Cranston-
Gonzalez National Affordable Housing Act [42 U.S.C. 12851 et
seq.], or section 101 of the Housing and Urban Development Act of
1965 [12 U.S.C. 1701s].
(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, any financial
assistance made available to that family by the applicable
Secretary shall be prorated, based on the number of individuals in
the family for whom eligibility has been affirmatively established
under the program of financial assistance and under this section,
as compared with the total number of individuals who are members of
the family.
(c) Preservation of families; students
(1) If, following completion of the applicable hearing process,
financial assistance for any individual receiving such assistance
on February 5, 1988, is to be terminated, the public housing agency
or other local governmental entity involved (in the case of public
housing or assistance under section 8 of the United States Housing
Act of 1937 [42 U.S.C. 1437f]) or the applicable Secretary (in the
case of any other financial assistance) shall take one of the
following actions:
(A) Permit the continued provision of financial assistance, if
necessary to avoid the division of a family in which the head of
household or spouse is a citizen of the United States, a national
of the United States, or an alien resident of the United States
described in any of paragraphs (1) through (6) of subsection (a)
of this section. For purposes of this paragraph, the term
"family" means a head of household, any spouse, any parents of
the head of household, any parents of the spouse, and any
children of the head of household or spouse. Financial assistance
continued under this subparagraph for a family may be provided
only on a prorated basis, under which the amount of financial
assistance is based on the percentage of the total number of
members of the family that are eligible for that assistance under
the program of financial assistance and under this section.
(B)(i) Defer the termination of financial assistance, if
necessary to permit the orderly transition of the individual and
any family members involved to other affordable housing.
(ii) Except as provided in clause (iii), any deferral under
this subparagraph shall be for a 6-month period and may be
renewed by the public housing agency or other entity involved for
an aggregate period of 18-months. At the beginning of each
deferral period, the public housing agency or other entity
involved shall inform the individual and family members of their
ineligibility for financial assistance and offer them other
assistance in finding other affordable housing.
(iii) The time period described in clause (ii) shall not apply
in the case of a refugee under section 1157 of title 8 or an
individual seeking asylum under section 1158 of title 8.
(2) Notwithstanding any other provision of law, the applicable
Secretary may not make financial assistance available for the
benefit of -
(A) any alien who -
(i) has a residence in a foreign country that such alien has
no intention of abandoning;
(ii) is a bona fide student qualified to pursue a full course
of study; and
(iii) is admitted to the United States temporarily and solely
for purposes of pursuing such a course of study at an
established institution of learning or other recognized place
of study in the United States, particularly designated by such
alien and approved by the Attorney General after consultation
with the Department of Education of the United States, which
institution or place of study shall have agreed to report to
the Attorney General the termination of attendance of each
nonimmigrant student (and if any such institution of learning
or place of study fails to make such reports promptly the
approval shall be withdrawn); and
(B) the alien spouse and minor children of any alien described
in subparagraph (A), if accompanying such alien or following to
join such alien.
(d) Conditions for provision of financial assistance for
individuals
The following conditions apply with respect to financial
assistance being or to be provided for the benefit of an
individual:
(1)(A) There must be a declaration in writing by the individual
(or, in the case of an individual who is a child, by another on
the individual's behalf), under penalty of perjury, stating
whether or not the individual is a citizen or national of the
United States, and, if that individual is not a citizen or
national of the United States, that the individual is in a
satisfactory immigration status. If the declaration states that
the individual is not a citizen or national of the United States
and that the individual is younger than 62 years of age, the
declaration shall be verified by the Immigration and
Naturalization Service. If the declaration states that the
individual is a citizen or national of the United States, the
applicable Secretary, or the agency administering assistance
covered by this section, may request verification of the
declaration by requiring presentation of documentation that the
applicable Secretary considers appropriate, including a United
States passport, resident alien card, alien registration card,
social security card, or other documentation.
(B) In this subsection, the term "satisfactory immigration
status" means an immigration status which does not make the
individual ineligible for financial assistance.
(2) If such an individual is not a citizen or national of the
United States, is not 62 years of age or older, and is receiving
financial assistance on September 30, 1996, or applying for
financial assistance on or after September 30, 1996, there must
be presented either -
(A) alien registration documentation or other proof of
immigration registration from the Immigration and
Naturalization Service that contains the individual's alien
admission number or alien file number (or numbers if the
individual has more than one number), or
(B) such other documents as the applicable Secretary
determines constitutes reasonable evidence indicating a
satisfactory immigration status.
In the case of an individual applying for financial assistance on
or after September 30, 1996, the applicable Secretary may not
provide any such assistance for the benefit of that individual
before documentation is presented and verified under paragraph
(3) or (4).
(3) If the documentation described in paragraph (2)(A) is
presented, the applicable Secretary shall utilize the
individual's alien file or alien admission number to verify with
the Immigration and Naturalization Service the individual's
immigration status through an automated or other system
(designated by the Service for use with States) that -
(A) utilizes the individual's name, file number, admission
number, or other means permitting efficient verification, and
(B) protects the individual's privacy to the maximum degree
possible.
(4) In the case of such an individual who is not a citizen or
national of the United States, is not 62 years of age or older,
and is receiving financial assistance on September 30, 1996, or
applying for financial assistance on or after September 30, 1996,
if, at the time of application or recertification for financial
assistance, the statement described in paragraph (1) is submitted
but the documentation required under paragraph (2) is not
presented or if the documentation required under paragraph (2)(A)
is presented but such documentation is not verified under
paragraph (3) -
(A) the applicable Secretary -
(i) shall provide a reasonable opportunity, not to exceed
30 days, to submit to the applicable Secretary evidence
indicating a satisfactory immigration status, or to appeal to
the Immigration and Naturalization Service the verification
determination of the Immigration and Naturalization Service
under paragraph (3),
(ii) in the case of any individual receiving assistance on
September 30, 1996, may not delay, deny, reduce, or terminate
the eligibility of that individual for financial assistance
on the basis of the immigration status of that individual
until the expiration of that 30-day period; and
(iii) in the case of any individual applying for financial
assistance on or after September 30, 1996, may not deny the
application for such assistance on the basis of the
immigration status of that individual until the expiration of
that 30-day period; and
(B) if any documents or additional information are submitted
as evidence under subparagraph (A), or if appeal is made to the
Immigration and Naturalization Service with respect to the
verification determination of the Service under paragraph (3) -

(i) the applicable Secretary shall transmit to the
Immigration and Naturalization Service photostatic or other
similar copies of such documents or additional information
for official verification,
(ii) pending such verification or appeal, the applicable
Secretary may not -
(I) in the case of any individual receiving assistance on
September 30, 1996, delay, deny, reduce, or terminate the
eligibility of that individual for financial assistance on
the basis of the immigration status of that individual; and
(II) in the case of any individual applying for financial
assistance on or after September 30, 1996, deny the
application for such assistance on the basis of the
immigration status of that individual; and
(iii) the applicable Secretary shall not be liable for the
consequences of any action, delay, or failure of the Service
to conduct such verification.
(5) If the applicable Secretary determines, after complying
with the requirements of paragraph (4), that such an individual
is not in a satisfactory immigration status, the applicable
Secretary shall -
(A) deny the application of that individual for financial
assistance or terminate the eligibility of that individual for
financial assistance, as applicable;
(B) provide that the individual may request a fair hearing
during the 30-day period beginning upon receipt of the notice
under subparagraph (C); and
(C) provide to the individual written notice of the
determination under this paragraph, the right to a fair hearing
process, and the time limitation for requesting a hearing under
subparagraph (C).
(6) The applicable Secretary shall terminate the eligibility
for financial assistance of an individual and the members of the
household of the individual, for a period of not less than 24
months, upon determining that such individual has knowingly
permitted another individual who is not eligible for such
assistance to reside in the public or assisted housing unit of
the individual. This provision shall not apply to a family if the
ineligibility of the ineligible individual at issue was
considered in calculating any proration of assistance provided
for the family.
For purposes of this subsection, the term "applicable Secretary"
means the applicable Secretary, a public housing agency, or another
entity that determines the eligibility of an individual for
financial assistance.
(e) Regulatory actions against entities for erroneous
determinations regarding eligibility based upon citizenship or
immigration status
The applicable Secretary shall not take any compliance,
disallowance, penalty, or other regulatory action against an entity
with respect to any error in the entity's determination to make an
individual eligible for financial assistance based on citizenship
or immigration status -
(1) if the entity has provided such eligibility based on a
verification of satisfactory immigration status by the
Immigration and Naturalization Service,
(2) because the entity, under subsection (d)(4)(A)(ii) of this
section (or under any alternative system for verifying
immigration status with the Immigration and Naturalization
Service authorized in the Immigration Reform and Control Act of
1986 (Public Law 99-603)), was required to provide a reasonable
opportunity to submit documentation, or
(3) because the entity, under subsection (d)(4)(B)(ii) of this
section (or under any alternative system for verifying
immigration status with the Immigration and Naturalization
Service authorized in the Immigration Reform and Control Act of
1986 (Public Law 99-603)), was required to wait for the response
of the Immigration and Naturalization Service to the entity's
request for official verification of the immigration status of
the individual, or the response from the Immigration and
Naturalization Service to the appeal of that individual.
(f) Verification system; liability of State or local government
agencies or officials; prior consent agreements, court decrees or
court orders unaffected
(1) Notwithstanding any other provision of law, no agency or
official of a State or local government shall have any liability
for the design or implementation of the Federal verification system
described in subsection (d) of this section if the implementation
by the State or local agency or official is in accordance with
Federal rules and regulations.
(2) The verification system of the Department of Housing and
Urban Development shall not supersede or affect any consent
agreement entered into or court decree or court order entered prior
to February 5, 1988.
(g) Reimbursement for costs of implementation
The applicable Secretary is authorized to pay to each public
housing agency or other entity an amount equal to 100 percent of
the costs incurred by the public housing agency or other entity in
implementing and operating an immigration status verification
system under subsection (d) of this section (or under any
alternative system for verifying immigration status with the
Immigration and Naturalization Service authorized in the
Immigration Reform and Control Act of 1986 (Public Law 99-603)).
(h) "Applicable Secretary" defined
For purposes of this section, the term "applicable Secretary"
means -
(1) the Secretary of Housing and Urban Development, with
respect to financial assistance administered by such Secretary
and financial assistance under subtitle A of title III of the
Cranston-Gonzalez National Affordable Housing Act [42 U.S.C.
12851 et seq.]; and
(2) the Secretary of Agriculture, with respect to financial
assistance administered by such Secretary.
(i) Verification of eligibility
(1) In general
No individual or family applying for financial assistance may
receive such financial assistance prior to the affirmative
establishment and verification of eligibility of at least the
individual or one family member under subsection (d) of this
section by the applicable Secretary or other appropriate entity.
(2) Rules applicable to public housing agencies
A public housing agency (as that term is defined in section 3
of the United States Housing Act of 1937 [42 U.S.C. 1437a]) -
(A) may, notwithstanding paragraph (1) of this subsection,
elect not to affirmatively establish and verify eligibility
before providing financial assistance (!1)
(B) in carrying out subsection (d) of this section -
(i) may initiate procedures to affirmatively establish or
verify the eligibility of an individual or family under this
section at any time at which the public housing agency
determines that such eligibility is in question, regardless
of whether or not that individual or family is at or near the
top of the waiting list of the public housing agency;
(ii) may affirmatively establish or verify the eligibility
of an individual or family under this section in accordance
with the procedures set forth in section 1324a(b)(1) of title
8; and
(iii) shall have access to any relevant information
contained in the SAVE system (or any successor thereto) that
relates to any individual or family applying for financial
assistance.
(3) Eligibility of families
For purposes of this subsection, with respect to a family, the
term "eligibility" means the eligibility of each family member.