CBA Record November-December 2025

THE YOUNG LAWYERS SECTION

this regulatory push, though, the final rule was never published during the first Trump administration. In 2021, the Biden administration formally withdrew the proposed rule.

assisted housing... or any similar ben efit for which payments or assistance are provided to an individual, household, or family eligibility unit by... the United States...” it does not specify which federal programs qualify as federal public benefit programs. Therefore, by not identifying specific programs, the PRWORA covers a potentially broader range of federal pro grams than those covered by Section 214.

HUD has clarified that, “any immigrant who is lawfully in this country and meets other program eligibility requirements is eligible to participate in HUD’s rental assistance programs.” Therefore, as Cuban and Haitian entrants are considered legally present, it may be presumed they are to be treated as eligible under Section 214 pro grams in the same manner in which they are considered under the PRWORA. Currently, Section 214 permits mixed-sta tus households to receive federal benefits according to a prorated figure determined by the number of U.S. citizens or eligible noncitizens in the household. However, given recent precedent established during both Trump administrations, HUD will likely attempt to again propose rules restricting mixed-status households from receiving federal housing benefits. In fact, Executive Order 14218 provides a frame work for HUD to carry out extensive screening practices to ensure that federal benefits exclude ineligible noncitizens. Applying the Law, Now and in the Future

Renewed Efforts to Restrict Housing Assistance for Mixed-Status Households

In February 2025, President Trump issued Executive Order 14218, entitled Ending Taxpayer Subsidization of Open Borders . The EO instructs the head of each execu tive department or agency to cease all taxpayer-funded benefits from being diverted to undocumented immigrants. The EO cites its authority pursuant to the PRWORA, which generally prohibits undocumented immigrants from receiv ing taxpayer-funded benefits. Since its enactment in 1996, the PRWORA has restricted “unqualified aliens” from receiving federal public benefits. Under the Act, qualified aliens include legal permanent residents; refu gees, asylees, and aliens paroled into the United States for at least one year; aliens granted withholding of removal; cer tain abused immigrant spouses; victims of trafficking; and Cuban and Haitian immigrants. Unqualified aliens include all other noncitizens, including nonim migrants, TPS holders, asylum applicants, short-term parolees, DACA recipients, and unauthorized immigrants. While the PRWORA defines fed eral public benefits to include “public or

Nevertheless, the analysis is quite narrow in construing distinctions between Section 214 and the PRWORA. Nearly all noncitizens who are eligible under Section 214 are categorized as qualified aliens under the PRWORA and vice versa. Administratively, aliens who are qualified under the PRWORA as eligible for public benefits may also be eligible under Section 214. For example, while Cuban and Haitian entrants are not explicitly included as eligible noncitizens permitted under Section 214 programs,

Kushtrim Ashiku is a 3L at UIC Law School and a Director for the Young Lawyers Section.

Introduction to ARDC Investigations

The YLS Professional Responsibility Committee will welcome Morgan Handwerker, litigation counsel for the ARDC, for an introduction to ARDC investigations on December 5, 2025, at 12:15 p.m. All CBA members are welcome to attend but this session will be especially helpful to newer lawyer. IL PR-MCLE Credit. Register for the webcast at Learn.ChicagoBar.org (under Committee Meetings).

Morgan Handwerker

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