HR5340-119

What This Bill Does

This bill creates a HUD records confidentiality rule for immigration enforcement. Notwithstanding Privacy Act law-enforcement disclosure language or any other law, HUD may not disclose records contained in a system of records to any person or another agency for immigration-enforcement purposes unless the individual requests disclosure in writing in a language of proficiency or gives prior consent, regardless of immigration status. HUD also may not compel a public housing agency to disclose those records. Within 90 days, HUD must report to Congress with a compliance timeline, confirmation that covered records have been secured, a description of pre-enactment sharing, and a description of future compliance steps. The bill defines immigration enforcement as law-enforcement action under title 8 for an alleged immigration violation, and defines record and system of records to include information maintained by HUD or a public housing agency and retrieved by an individual name or identifier.

Who Benefits and How

Public housing residents benefit because HUD records cannot be shared for immigration enforcement without consent or a written request in a proficient language. Immigrant tenants benefit because the protection applies regardless of immigration status. Public housing agencies benefit because HUD cannot compel them to disclose covered records for immigration enforcement. Housing privacy advocates benefit from a statutory limit on records sharing and a required congressional compliance report.

Who Bears the Burden and How

Department of Housing and Urban Development records staff must secure covered records and block immigration-enforcement disclosures. HUD compliance offices must report to Congress within 90 days on prior sharing and implementation steps. Immigration enforcement agencies lose access to HUD and public housing agency records without consent or a written request by the individual. Public housing agency administrators must understand the new protection when immigration-enforcement requests arrive.

Key Provisions

• Prohibits HUD records disclosures for immigration enforcement without individual written request or prior consent.
• Bars HUD from compelling public housing agencies to disclose covered records.
• Requires HUD to report to Congress within 90 days on compliance, record security, prior sharing, and future enforcement.
• Defines immigration enforcement, public housing agency, record, and system of records for the confidentiality rule.