PolicyBrief
H.R. 7374
119th CongressFeb 4th 2026
Housing Without Fear Act of 2026
IN COMMITTEE

This act nullifies the 2025 Memorandum of Understanding between HUD and DHS regarding housing and immigration enforcement.

Luz Rivas
D

Luz Rivas

Representative

CA-29

LEGISLATION

Housing Without Fear Act Prohibits HUD and DHS Cooperation: 2025 Inter-Agency Agreement Nullified

The Housing Without Fear Act of 2026 is a short but heavy-hitting piece of legislation that does one specific thing: it kills a 2025 agreement between the Department of Housing and Urban Development (HUD) and the Department of Homeland Security (DHS). Specifically, Section 2 of the bill prohibits these two massive federal agencies from following through on a Memorandum of Understanding (MOU) they signed on March 24, 2025. By nullifying this deal, the bill effectively cuts the cord on whatever collaborative projects or data-sharing practices the two departments had planned to execute together.

The Mystery of the Missing Memo

Because the bill doesn't actually describe what was in that March 2025 agreement, we are left with a significant amount of guesswork regarding its daily impact. In the world of federal policy, an MOU between HUD and DHS usually involves how housing resources intersect with immigration enforcement or border security. For a family living in subsidized housing or a landlord managing Section 8 properties, this bill creates a cloud of uncertainty. If that original agreement was designed to help streamline background checks for applicants, those processes might suddenly hit a bureaucratic wall. Conversely, if the agreement allowed DHS to use HUD data for enforcement actions, this bill would act as a firewall, keeping your housing records separate from immigration authorities.

High Stakes and Hidden Details

The biggest challenge here is the lack of transparency. When a bill simply says 'stop doing that specific thing' without explaining what 'that thing' is, it leaves a lot of room for unintended consequences. For example, if you are a local housing authority employee or a non-profit developer, you might have been counting on inter-agency cooperation to secure funding or clear regulatory hurdles. Under Section 2, those plans would be legally dead in the water. This 'Vague Authority'—or in this case, vague nullification—means that until the details of the 2025 memo are fully public, residents and property owners are essentially flying blind, not knowing if their privacy is being protected or if a helpful program is being dismantled.