[Congressional Record Volume 143, Number 1 (Tuesday, January 7, 1997)]
[Extensions of Remarks]
[Page E38]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       HOUSING AND ILLEGAL ALIENS

                                 ______
                                 

                          HON. ELTON GALLEGLY

                             of california

                    in the house of representatives

                        Tuesday, January 7, 1997

  Mr. GALLEGLY. Mr. Speaker, today I am introducing legislation which 
is designed to correct a drafting error which appeared in Public Law 
104-208 and which pertains to the ability of ineligible aliens to 
receive Federal housing assistance.
  Amendments made to section 214 of the Housing Act, as incorporated 
into the Immigration Reform bill adopted last year, were designed to 
make it more difficult for illegal aliens to receive housing 
assistance. The fact is, illegals are currently receiving housing 
assistance and every day newly arrived illegal aliens are applying for 
assistance. HUD, in the past has been very inconsistent in enforcing 
the laws designed to prevent this funding from going to ineligible 
families.
  Unfortunately, in attempting to correct the obvious flaws in the law, 
we made a drafting mistake and now HUD is threatening to make the 
proverbial mountain out of the mole hill.
  In considering the potential problems large public housing 
authorities may encounter as they try to implement mandatory 
verification of citizenship or immigration status of all applicants for 
housing assistance, the Senate tried to provide an opt-out provision 
which would allow HA's to grant housing assistance before all 
verification was completed if the verification process was taking too 
long or if the waiting period began to result in an unusual amount of 
vacant units. While House Members were at first reluctant to put this 
opt-out into statutory language, it was included in the final version 
of the bill signed into law.
  Unfortunately, HUD has now interpreted the opt-out language to mean 
that HA's could opt-out of the entire section 214. In other words, If 
HUD's view prevailed, HA's could legally give housing assistance to 
illegal aliens without any questions being asked. Needless to say, I 
totally disagree with the interpretation the Department has rendered on 
the issue. How HUD's lawyers could come to the conclusion that while 
adopting legislative changes to section 214, which were intended to 
make it more difficult for illegal aliens who have been determined by 
the HA's to be ineligible for new or continued assistance, the Congress 
would then intend to allow the HA's to turn around and not enforce 
section 214, is beyond me.
  For the record, and as the principal author of the section 214 
changes, I will again, state that under no circumstance did the 
Congress intend any interpretation of the legislation which gives any 
HA the option of following the law as written in section 214.
  It is clear to me, as it was to all of the Members involved, that the 
author of the opt out only intended to allow HA's with high turnover to 
be able to place families in housing without having to wait for a 
verification from the INS. Again, it is inconceivable to me how HUD 
could say that our intent was to allow HA's to completely ignore a law 
we were trying to tighten.
  The effect of HUD's conclusions would suggest that HUD is now telling 
the HA's that if they do not want to enforce section 214 they do not 
have to. This means that HUD is telling the HA's that they may now 
elect to grant housing assistance to illegal aliens or continue to 
provide assistance to illegals even after they had been determined to 
be ineligible. I do not believe this is the official position of the 
Department.
  My legislation is intended to clear up any doubt among HUD or the 
housing authorities.

                          ____________________