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.
- Bill Number
- H.R. 5340
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Housing and Community Development
- Status
- Introduced
- Latest Action
- 2025-09-11: Referred to the Committee on Financial Services, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Last Updated
- 2026-06-11T00:51:18Z
AI-Generated Summary
Purpose
This bill (H.R. 5340) aims to protect the privacy of individuals by prohibiting the U.S. Department of Housing and Urban Development (HUD) from sharing personal records with immigration enforcement authorities, unless the individual consents. It seeks to prevent the use of housing-related data in immigration actions, fostering trust in federal housing programs.
Key Provisions
- Prohibition on Disclosure: HUD's Secretary cannot share any records from its systems (e.g., personal information like names or addresses) with other people or agencies for immigration enforcement purposes without the individual's written consent in a language they understand proficiently. This applies regardless of the person's immigration status.
- Protection for Public Housing Agencies: HUD cannot force local public housing agencies (government entities that manage affordable housing) to disclose similar records.
- Reporting Requirement: Within 90 days of the bill becoming law, HUD must report to Congress on:
- A timeline for implementing the new rules.
- Confirmation that records are secured against unauthorized sharing.
- How such records were shared for immigration purposes before the law's enactment.
- Plans to ensure ongoing compliance.
- Definitions:
- Agency: Any federal department or office.
- Immigration Enforcement: Law enforcement actions under U.S. immigration laws (Title 8 of the U.S. Code), such as investigations or deportations for alleged violations.
- Public Housing Agency: Local organizations funded by HUD to provide low-income housing.
- Record: Any personal information about an individual held by HUD or a public housing agency.
- System of Records: Collections of records organized by personal identifiers like names or numbers, from which data can be retrieved.
Significant Changes to Existing Law
- Overrides a specific exception in the Privacy Act of 1974 (5 U.S.C. § 552a(b)(7)), which previously allowed federal agencies to share records with law enforcement—including immigration authorities—without consent if relevant to an investigation. This bill blocks such sharing specifically for HUD records and immigration enforcement, creating a new layer of protection not present before.
Potential Impacts
- On Government Agencies: HUD and public housing agencies will face restrictions on data sharing, potentially requiring new privacy protocols, training, and secure storage systems. Immigration agencies (e.g., ICE) may lose access to HUD data, complicating enforcement efforts but reducing administrative burdens on housing programs.
- On Citizens: Beneficiaries of HUD programs, such as low-income renters or voucher recipients, gain stronger privacy safeguards. This could encourage undocumented or mixed-status families to apply for housing assistance without fear of deportation, potentially increasing program participation and access to stable housing.
- On International Relations: No direct impacts, as the bill focuses on domestic privacy and enforcement rather than foreign policy or cross-border data sharing.
Main Stakeholders Affected
- Individuals in HUD Programs: Primarily low-income households, including immigrants and mixed-status families, who rely on affordable housing and now have enhanced privacy protections.
- HUD and Public Housing Agencies: Must adjust operations to comply with disclosure bans and reporting, affecting how they handle personal data.
- Immigration Enforcement Agencies: Such as U.S. Immigration and Customs Enforcement (ICE), which may face hurdles in gathering information for cases involving housing residents.
- Congress: Receives oversight reports to monitor implementation and compliance.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens federal privacy laws by carving out an exception for housing data in immigration contexts, potentially setting a precedent for limiting inter-agency data sharing. It may lead to legal challenges if viewed as obstructing federal immigration authority under existing statutes.
- Constitutional: Aligns with privacy protections under the Fourth Amendment (protection against unreasonable searches) and due process rights, by limiting government access to personal records without consent. However, it could raise debates over federal supremacy in immigration enforcement.
- Political: Highlights tensions between privacy rights and immigration policy; supporters may see it as humane protection for vulnerable communities, while critics could argue it hinders national security or law enforcement. As a bipartisan-introduced bill referred to key committees, it reflects congressional interest in balancing housing access with enforcement priorities.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (34)
Rep. Liccardo, Sam T. [D-CA-16], Rep. Menendez, Robert [D-NJ-8], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Ramirez, Delia C. [D-IL-3], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Thompson, Bennie G. [D-MS-2], Rep. Tlaib, Rashida [D-MI-12], Rep. Takano, Mark [D-CA-39], Rep. Barragán, Nanette Diaz [D-CA-44], Rep. Clarke, Yvette D. [D-NY-9], Rep. Jacobs, Sara [D-CA-51], Rep. Simon, Lateefah [D-CA-12], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Costa, Jim [D-CA-21], Rep. McCollum, Betty [D-MN-4], Rep. Lieu, Ted [D-CA-36], Rep. Ansari, Yassamin [D-AZ-3], Rep. Gomez, Jimmy [D-CA-34], Rep. Goldman, Daniel S. [D-NY-10], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Latimer, George [D-NY-16], Rep. Velázquez, Nydia M. [D-NY-7], Rep. DelBene, Suzan K. [D-WA-1], Rep. Evans, Dwight [D-PA-3], Rep. Rivas, Luz M. [D-CA-29], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Larson, John B. [D-CT-1], Rep. Williams, Nikema [D-GA-5], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Pettersen, Brittany [D-CO-7], Rep. Randall, Emily [D-WA-6], Rep. Horsford, Steven [D-NV-4], Rep. Watson Coleman, Bonnie [D-NJ-12]
Recent Actions
- 2025-09-11: Referred to the Committee on Financial Services, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-09-11: Referred to the Committee on Financial Services, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-09-11: Introduced in House
- 2025-09-11: Introduced in House
Bill Versions
- 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. — issued 2025-09-11 — PDF (4 pages)