AG Bonta Issues Legal Alert to State and Local Agencies: Immigration Status Verification Not a Requirement for HUD Grants Recipients

Published Date: May 14, 2026

AG Bonta issued a legal alert informing state and local agencies that they are not required to verify the immigration status of recipients and subrecipients of U.S. Housing and Urban Development (HUD) funded benefits programs identified in a HUD notice issued on November 26, 2025, while a multistate lawsuit challenging HUD’s notice is pending before the U.S. District Court of Rhode Island. Attorney General Bonta also reminds these agencies that requesting immigration status, in the absence of a federal requirement, may violate California law. In July 2025, Attorney General Bonta and a multistate coalition sued the Trump Administration over its abrupt decision to restrict access to more than a dozen public benefit programs based on immigration status. The coalition secured a court order temporarily blocking implementation of these restrictions, and subsequently secured an agreement with HUD to suspend enforcement of its notice and the notice’s immigration verification requirements until the district court issues a final judgment. This means there is no current legal obligation for grantees and subgrantees to collect and verify the immigration status for recipients of the HUD-funded programs listed in its November 2025 agency notice.

“The Trump Administration wants to reverse longstanding federal policy and restrict access to affordable housing and other public benefit programs. California sued, secured a preliminary injunction blocking these policies, and HUD agreed not to enforce these restrictions while our litigation continues. This means that state and local agencies need not – and should not – restrict access to these benefits. Any attempt to do so may violate California’s anti-discrimination laws. California remains committed to protecting the health and well-being of our most vulnerable families and ensuring they feel safe and supported when accessing these critical programs.” – AG Bonta

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