PolicyBrief
H.R. 5340
119th CongressSep 11th 2025
To prohibit the disclosure of records by the Secretary of Housing and Urban Development of individuals for the purposes of immigration enforcement, and for other purposes.
IN COMMITTEE

This bill prohibits the Department of Housing and Urban Development from disclosing individual records to immigration enforcement agencies without explicit consent or a written request from the individual.

Juan Vargas
D

Juan Vargas

Representative

CA-52

LEGISLATION

HUD Records Shielded from Immigration Enforcement: New Rules Block Data Sharing Unless You Say So

If you or someone you know uses federal housing assistance, this bill is a big deal for privacy. It completely changes how the Department of Housing and Urban Development (HUD) and local Public Housing Agencies (PHAs) handle your personal information, especially when immigration enforcement is involved.

The New Rule: What HUD Can’t Share

This legislation, found in Section 1, creates a hard stop on data sharing. HUD and PHAs are now generally prohibited from giving out any individual’s record—regardless of their immigration status—to any person or agency for the purpose of “immigration enforcement.” Think of immigration enforcement as any action taken under Title 8 of the U.S. Code against someone suspected of violating immigration laws. This means your personal file, which includes identifying information and housing status, is now off-limits for federal agencies like ICE that are looking to enforce immigration rules.

This is a significant protection because it overrides standard exceptions that might otherwise allow government agencies to share information. Essentially, Congress is saying that protecting access to essential housing services outweighs the need for this specific data sharing. This helps ensure that families can seek housing assistance without the fear that their personal information will be used against them or their relatives.

Your Data, Your Permission

There are only two ways HUD or a PHA can legally release these protected records. First, they can share the record if you, the person the record is about, provide prior consent for the release. Second, they can release the record if you make a written request for the release. Crucially, the bill specifies that this request must be made in a language you are proficient in, which is a key detail ensuring the person actually understands what they are signing.

For the average person, this means your housing application, tenancy details, and other sensitive information held by your PHA is now locked down. If you’re a parent trying to keep a roof over your family's head, this provision provides a layer of security, separating your access to housing benefits from potential immigration scrutiny. It also makes it clear to PHAs that they cannot be pressured by HUD to hand over these sensitive records for enforcement purposes.

The Implementation Timeline

Because changing how a massive agency like HUD handles data is complex, the bill includes a 90-day reporting requirement. Within 90 days of the act becoming law, the Secretary of HUD must send a report to Congress. This report must detail the timeline for implementing these new confidentiality rules, confirm that the protected records are now secured, and explain the steps HUD will take to ensure full compliance across all its programs and partner agencies. This mandatory check-in adds accountability and ensures the new privacy rules aren't just words on paper, but are actually put into practice quickly.