SACRAMENTO, Calif. — The California Civil Rights Department is opposing a federal housing proposal it says could force thousands of families to separate to avoid eviction, warning the rule would disproportionately affect immigrant communities across the state.
The proposal, introduced by the U.S. Department of Housing and Urban Development, would deny federal housing assistance to eligible families if they live with a household member who is ineligible because of immigration status.
CRD Director Kevin Kish criticized the proposal in a statement released Tuesday.
“The federal government has again and again shown it doesn’t care who gets hurt in its reckless attacks on immigrant communities,” Kish said. “This proposal doesn’t make anything better. It just creates more chaos. Enough is enough.”
According to the department, the proposed rule would significantly alter a “decades-old system” that currently allows mixed-status families to remain housed while limiting federal benefits to eligible individuals.
Under existing rules, HUD already “pro-rates benefits to only provide support to family members who have confirmed their immigration status and does not provide benefits to those who are ineligible under federal law.”
CRD argues that the new proposal would go beyond that framework by effectively penalizing entire households, even when some members qualify for assistance.
The department warned that the change would force vulnerable families into what it described as a “ruthless” decision between losing their housing or separating from family members.
According to CRD, the proposal threatens an estimated 7,190 mixed-status households in California, putting approximately 26,670 individuals at risk of eviction or family separation.
CRD also cited HUD’s own findings, stating that the agency’s analysis shows the proposal “will not advance its asserted goal of making more housing assistance available.”
Instead, the department noted that ineligible household members often contribute to rent payments, helping reduce overall federal costs.
In its formal comment letter, CRD urged HUD to withdraw the proposal entirely, arguing that it raises significant legal and policy concerns.
Among those concerns, the department warned that “the proposal intentionally discriminates against recipients of federal housing assistance because of their national origin and will have a disparate impact on Latino families.”
CRD further argued that there is “extensive publicly available evidence” suggesting the policy is “driven by bias,” citing what it described as a “well-established record of the administration’s anti-immigrant sentiment.”
The department also criticized HUD for failing to fully assess the broader consequences of the proposal, stating that the agency “failed to analyze impacts of the rule on state and local governments or consider costs to California agencies or programs.”
CRD emphasized that the proposal may conflict with existing California law, which includes “express prohibitions … against discrimination based on actual or perceived immigration status and national origin.”
In addition to its potential impact on immigrant families, the department warned that the proposed verification process could affect other vulnerable populations, including seniors and individuals with disabilities.
According to CRD, the process “could cause significant numbers of seniors and people with disabilities to lose assistance, even where they are clearly eligible as U.S. citizens.”
The department assessed the proposal as part of a consistent pattern of federal policies affecting immigrant communities, reiterating concerns about its potential impact on housing stability and civil rights protections.
While the proposal remains under federal review, CRD’s response signals likely legal and political challenges if the rule moves forward. The department is calling on federal officials to abandon the proposal, arguing that its consequences would extend far beyond its stated goals.
Follow the Vanguard on Social Media – X, Instagram and Facebook. Subscribe the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.