Here is a brief list of those local nonprofits who are working with immigrants (legal or illegal, who knows?)and the amounts of $$ our county and city has provided them: Immigrant Legal Defence Center ($130,000 city of Santa Barbara); 805 Docufund ($370,000 from Fund for Santa Barbara via City of Santa Barbara); La Casa De La Rasa (unspecified support via County) and Santa Barbara County Immigrant Legal Defense Center (unspecified county support). Perhaps these groups would benefit from this knowledge.
1. Immigrant Legal Defense Center - $310K - City of Santa Barbara
2. 805 Docufund: $370K - Fund for Santa Barbara
3. La Casa De La Rasa - $ Unk. - County of SB
4. Santa Barbara County Immigrant Legal Defense Center: $Unk. - County of SB
Tax dollars: $310K, plus two unknown amounts funded by county taxpayers
Private funding: $370K, allowing a charitable tax deduction?
Does the Immigrant Legal Defense Center funded by SB city taxpayers help obstruct lawful deportations? Or does it help persons here illegally gain legal US status? Or does it protect those with valid legal status from potential government over reach?
Hard to tell from its name "defense" center. Does this group continue the misuse of the term "immigrant" to sweep in both legal immigrants and illegal border crossers?
Thank you, Thomas. I live in Laura Capps' district and when we asked her to stand up for us against the airport's unnecessary noise and flightpaths, she said it's a Federal thing, smiled and shrugged that she therefore can't do anything about it. But if we were illegal criminals, she'd fight the federal gov't for us. So I hope she goes to jail. Sure I'll speak up on her and her co-grifters' behalf. I'll say “Give them the max in solitary.”
What is the fine line between Rep Salud Carbajal observing a lawful deportation operation, and Rep Salud Carbajal obstructing a legal deportation operation at the recent Glass House Farms pot operations?
Or was Rep Salud Carbajal only offering humanitarian aid.
Mr. Cole, thank you for laying out the statutory framework and penalties tied to 8 U.S.C. § 1324. I would add that one area often overlooked is the financial accountability of NGOs and nonprofits operating under 501(c)(3) status.
If these organizations are later found to have misused funds—whether by directly facilitating the harboring of illegal aliens or by diverting contributions away from their stated charitable purpose—the IRS should not only review their tax-exempt eligibility but also claw back the benefits given to their donors.
In other words, if a donor received a charitable tax credit for contributing to an NGO that ultimately violated its 501(c)(3) obligations, the donor should be required to pay back those tax credits to the IRS. This would place responsibility not only on the organizations but also on those enabling them financially, ensuring that contributions to unlawful activities do not carry the benefit of taxpayer subsidy.
Such a measure would reinforce both federal immigration law and the integrity of the nonprofit sector by demanding genuine compliance with tax-exempt purposes.
Fantastic summary of why our state and city officials should be very very careful as they try to destroy our culture and our society with their utopian nonsense. By the way cases of TB, Leprosy and Plague have increased every year since Biden took office, the illegal aliens are streaming into the country bringing a national health care crisis with them as they are completely unvetted in any way. My proposal is we copy Mexicos immigration requirements, at this time you need to become a resident, prior to a citizen, in Mexico you need about $150,000 in assets and an income of around $7500 a month, must take a course in Mexican history, speak Spanish and after all that you can try to apply to become a citizen, I know this because my best friend moved there two weeks ago.
I read this "Immigration" article titled "Federal Immigration Laws on Harboring Illegal Aliens"
by Thomas Cole and I quote from same "Under U.S. federal law, specifically 8 U.S.C. § 1324, it is a crime to knowingly or recklessly harbor, conceal, or assist undocumented immigrants in evading detection" AND "Aggravated Circumstances" AND "Conspiracy or Aiding and Abetting" AND
AND "State-Level Consequences"
So may I ask what happens when this County, this City Conceals a MAJOR IMMIGRATION FRAUD CASE here in Santa Barbara GOING-ON for some 20 years? What happens when it involves the
National Security of the United States? Let me inform you all what happens. NOTHING
Haven't You-All Heard. THERE ARE NO ILLEGALS IN CALIFORNIA.
Best to Move-Out of this State as quickly as You-All can.
Until SOMONE actually Prosecutes SOMEBODY there is NOTHING
And this is EXACTLY WHAT THIS STATE IS >>>> NOTHING
Howard Walther, member of a Military Family
PS1- Nobody was here for this Women>Something is very very wrong here>
There is a little item called supremacy and the law. Comes from English Law that was derived from the divine right King.
As a Republic with elected representation those sectors of our government have to know that Federal Law rules.
Is it not interesting that when Clinton, Obama, and Biden were in office it was both a moral and legal crime not to knuckle under by the Loyal Opposition (aka Republicans).
Now the cries of bigotry, and you have to understand why "they" steal, kill, and destroy in our country it is excusable. What do you think is the ratio of Anglo crime on all of the other sectors of the nation is in comparison?
Part of the problem is you have entire political factions that have raised the middle finger to English Law, and interpretation of that based upon Law and Custom.
If you decide to move and live here pack, your personal and cultural baggage and learn what made this country. There has to be a reason people flee oppressive Socialism/Communism. There has to be a reason why people run from cultures where honor killings and masks for certain people is fine. Yet when it comes for masks protecting the serve and defend it is a crime.
Here is the door, I'll open it for you. But don't you dare threaten me, and mine and then state "you have to understand" criminals and anti social behavior.
My willingness and tolerance came up very short with the likes of the Black Panther followers who mutinied in my unit, the squatters who demanded to be saved at the cost of lives, and more.
Don't care for the supposed elite, "I am special" since I can sing a song or crack jokes at the history and honor of those who believe Duty Honor Country is not a quaint slogan.
As I said Das, Gregg, Helen, Scott, Gavin, Erick, and the rest "Here is the door, I'll open it for you." Go to Ireland, go to Canada, go to Ecuador, Cuba, don't state how you are going to tear us apart.
I have seen too much to put up with you and yours.
Thank you for clarifying what issues underly local efforts intended to thwart lawful government deportation operations.
As well as criteria that needs to be honored, now that city tax dollars have been allocated to support these local anti-deportation efforts. Color within the lines, folks.
Maybe a tad off-topic, but I thought you might find this excerpt from an article in yesterday’s Wall Street Journal interesting:
“Immigration is out of control in the UK,: three million arrivals in the past 5 years in a country of 66 million. The social consequences are startling: from hotels in leafy, peaceful English towns crammed full of refugees, to a London student body that is one-third Muslim. Similar challenges are overwhelming France, Germany and Italy. Their economies are crushed by the weight of fiscal incontinence and sky-high energy prices caused by delusional green extremism.”
It doesn’t take a genius to figure that the scourge of illegal aliens is F— up the whole world! To all you Commie-Dems who voted for that moron Biden and the 20 million illegal aliens he let flood into our beautiful country . . . please leave!
Biden and his socialist Democrates caused our present illegal immigrant problems by breaking our laws and opening the border to any and all . Trump is using our exisisting laws to right this mess. The Democrats illeal action on immigration are evil and harmful to all coming here. We support Trump in using our existing laws to right this democratic mess.
Excellent, informative article on the law, we should all be aware of. The funny thing is that the federal lawmakers practically made local elected politicians, seemingly immune to them. Is that really the case?
It would seem to the ordinary citizen that political leaders who run individual states and cities are aiding and abetting illegal aliens, when they declare and enforce the policies that aid and abet illegal aliens to evade federal officers of the law, from applying federal laws. Indeed, it is my understanding that federal laws always trump state and county/city laws when they appear to be in conflict.
Furthermore, it would seem that the FBI and Homeland security departments have the tools and resources to prove breaking of these laws by elected politicians and their enablers where and when violations of the law by intent and actual practices when they occur or are enabled to occur. In the same way that the ordinary citizen can be arrested and prosecuted for doing the same things.
Earlier this year, in an effort to reverse the damage amid a nationwide affordable housing crisis, HUD and the Department of Homeland Security (DHS) signed a Memorandum of Understanding (MOU) to end the wasteful misappropriation of taxpayer dollars to benefit illegal aliens instead of American citizens, especially veterans in need. Under the agreement HUD provided a full-time staff member to assist in operations at the Incident Command Center (ICC), creating an interagency partnership to facilitate data sharing and ensure taxpayer-funded housing programs are not used to harbor or benefit illegal aliens. “We will safeguard precious taxpayer resources, and we will stop the harmful practices of the former Biden Administration, which favored and prioritized illegal aliens over American citizens in the expenditure of housing funds and subsidies,” the HUD-DHS MOU states. Within days HUD announced that illegal immigrants would no longer qualify for government-backed mortgages through a Federal Housing Administration (FHA) program that lends to “non-permanent residents.” The new policy ensures that illegal aliens cannot access FHA-insured financing and refocuses the use of taxpayer-funded federal housing programs to benefit U.S. citizens.
A few days ago, HUD Secretary Scott Turner took another critical step, sending a letter to over 3,000 Public Housing Authorities (PHA) around the nation requiring citizenship information for residents of the Section 8 program, which is funded by HUD and managed by local PHAs. Illegal aliens are not supposed to benefit from Section 8 housing, but enforcement has been lax for years and an estimated 100,000 non-citizens receive the taxpayer-funded subsidies. The audit will help clear the rolls and free resources to prioritize the needs of American citizens, according to Turner. PHAs have 30 days to provide tenant names, addresses, unit size and cost, number of people per unit and proof of American citizenship or eligible immigration status. “This information is required by law and this administration is upholding the law to its fullest extent,” Turner, a former Texas state legislator and professional football player, writes in the letter. “No longer will illegal aliens be able to leave citizenship boxes blank or take advantage of HUD-funded housing, riding the coattails of hardworking American taxpayers.”
The nation’s housing secretary goes on to reveal that his agency currently serves only one out of four eligible families due in part to the lack of enforcement of prohibition against federally funded assistance to illegal aliens. “HUD will leverage all available enforcement actions against entities who do not comply with the request for citizenship information, including but not limited to, examination of HUD funding and/or evaluation of PHA program eligibility,” Scott’s letter to the country’s PHA’s states. Public housing advocates claim the crackdown will destabilize poor families and worsen the nation’s housing crisis. “No matter where we come from, how long we’ve lived here, or what language we speak, our country has the resources to ensure that all of us have a safe place to call home,” said an official with the National Housing Law Project, a nonprofit dedicated to advancing housing justice for poor people. “But Trump and Turner are threatening to take away the funding necessary to keep millions of people housed, despite tenants across the country struggling to make ends meet. Rather than address sky-high rents, increasing evictions, and record homelessness, Trump and Turner are forcing public housing authorities to divert their limited resources away from affordable housing and towards wasteful policy designed to cause fear and hardship among immigrant families and scare them into self-evicting.”
There will be no enforcement. Let’s see if SB City and/or County Housing Authorities reply or claim SB54 exemption Sanctuary State compliance exclusion. I doubt any CA NPO owners of Section 202 or 231 tax exempt housing will comply. When there’s no consequence, govt rules are ignored.
Denice, You’re spot on about the dynamic. When there’s no enforcement mechanism, agencies and nonprofits tend to “comply” on paper but ignore the intent in practice.
SB City/County Housing Authorities: They’ll likely say their hands are tied by SB54 (California’s “sanctuary” statute) and may claim exemptions that allow them to avoid federal cooperation requirements. In other words, they’ll punt responsibility upward.
NPOs owning Section 202 or 231 properties (HUD-subsidized senior housing): These nonprofit boards know the IRS exemption and HUD contracts give them cover. Without federal enforcement tied to funding or tax status, they have little incentive to comply with rules that conflict with California state law or local political culture.
Practical outcome: Unless HUD or IRS steps in with audits, sanctions, or funding clawbacks, nothing will change. Most operators will quietly continue their own interpretations of compliance.
It really is a “rules without teeth” situation — especially in California, where state law (SB54) is deliberately designed to limit federal enforcement leverage.
Short answer: I couldn’t find any updated Section 202 or Section 231 Use Agreements that add an explicit “immigration-enforcement cooperation” clause. The standard templates still focus on affordability, use restrictions, tenant eligibility, physical condition, and financing/refi terms—nothing that compels ICE/DHS cooperation beyond normal eligibility verification.
What has changed in 2025 is HUD’s parallel pressure via policy and grant language—not the old 202/231 use covenants:
HUD–DHS MOU (Mar 24, 2025) enabling information-sharing to keep undocumented residents from HUD-assisted housing. This is the main “teeth” right now, but it lives outside project Use Agreements.
FY2025 Administrative/Grant addenda now require recipients to administer awards “in accordance with all applicable immigration restrictions and requirements,” citing PRWORA—again, this binds grantees through award terms, not 202/231 Use Agreements.
Existing HUD rules on non-citizen eligibility (verification, mixed-status handling) continue to apply; they predate 2025 and are separate from 202/231 use documents.
Reports of new enforcement pushes (data-sharing demands, funding threats) suggest the tactic is to condition funds and compel reporting—still outside the recorded Use Agreement itself.
Washington Examiner
Bottom line: For current 202/231 properties, I don’t see new, recorded Use Agreement clauses forcing immigration-enforcement cooperation. Owners/NPOs can still point to state law (e.g., SB54) unless HUD ties compliance directly to funding, renewals, or grants (where the new 2025 language lives).
The real leverage HUD is using now: award terms, NOFO/notice language, and the HUD–DHS MOU—not rewriting legacy use covenants. If HUD withholds/conditions money or requires datasets, that’s where noncompliance starts to bite.
Here is a brief list of those local nonprofits who are working with immigrants (legal or illegal, who knows?)and the amounts of $$ our county and city has provided them: Immigrant Legal Defence Center ($130,000 city of Santa Barbara); 805 Docufund ($370,000 from Fund for Santa Barbara via City of Santa Barbara); La Casa De La Rasa (unspecified support via County) and Santa Barbara County Immigrant Legal Defense Center (unspecified county support). Perhaps these groups would benefit from this knowledge.
Nothing like funding the Criminals>
https://x.com/elonmusk/status/1965681129404703206
Or should I more accurately say Nothing Like the Criminals
funding thier "Partners In Crimes"
To repeat for emphasis:
1. Immigrant Legal Defense Center - $310K - City of Santa Barbara
2. 805 Docufund: $370K - Fund for Santa Barbara
3. La Casa De La Rasa - $ Unk. - County of SB
4. Santa Barbara County Immigrant Legal Defense Center: $Unk. - County of SB
Tax dollars: $310K, plus two unknown amounts funded by county taxpayers
Private funding: $370K, allowing a charitable tax deduction?
Does the Immigrant Legal Defense Center funded by SB city taxpayers help obstruct lawful deportations? Or does it help persons here illegally gain legal US status? Or does it protect those with valid legal status from potential government over reach?
Hard to tell from its name "defense" center. Does this group continue the misuse of the term "immigrant" to sweep in both legal immigrants and illegal border crossers?
Thank you, Thomas. I live in Laura Capps' district and when we asked her to stand up for us against the airport's unnecessary noise and flightpaths, she said it's a Federal thing, smiled and shrugged that she therefore can't do anything about it. But if we were illegal criminals, she'd fight the federal gov't for us. So I hope she goes to jail. Sure I'll speak up on her and her co-grifters' behalf. I'll say “Give them the max in solitary.”
Atta girl Pol
What is the fine line between Rep Salud Carbajal observing a lawful deportation operation, and Rep Salud Carbajal obstructing a legal deportation operation at the recent Glass House Farms pot operations?
Or was Rep Salud Carbajal only offering humanitarian aid.
Mr. Cole, thank you for laying out the statutory framework and penalties tied to 8 U.S.C. § 1324. I would add that one area often overlooked is the financial accountability of NGOs and nonprofits operating under 501(c)(3) status.
If these organizations are later found to have misused funds—whether by directly facilitating the harboring of illegal aliens or by diverting contributions away from their stated charitable purpose—the IRS should not only review their tax-exempt eligibility but also claw back the benefits given to their donors.
In other words, if a donor received a charitable tax credit for contributing to an NGO that ultimately violated its 501(c)(3) obligations, the donor should be required to pay back those tax credits to the IRS. This would place responsibility not only on the organizations but also on those enabling them financially, ensuring that contributions to unlawful activities do not carry the benefit of taxpayer subsidy.
Such a measure would reinforce both federal immigration law and the integrity of the nonprofit sector by demanding genuine compliance with tax-exempt purposes.
Enough Is Enough 805.
Fantastic summary of why our state and city officials should be very very careful as they try to destroy our culture and our society with their utopian nonsense. By the way cases of TB, Leprosy and Plague have increased every year since Biden took office, the illegal aliens are streaming into the country bringing a national health care crisis with them as they are completely unvetted in any way. My proposal is we copy Mexicos immigration requirements, at this time you need to become a resident, prior to a citizen, in Mexico you need about $150,000 in assets and an income of around $7500 a month, must take a course in Mexican history, speak Spanish and after all that you can try to apply to become a citizen, I know this because my best friend moved there two weeks ago.
I read this "Immigration" article titled "Federal Immigration Laws on Harboring Illegal Aliens"
by Thomas Cole and I quote from same "Under U.S. federal law, specifically 8 U.S.C. § 1324, it is a crime to knowingly or recklessly harbor, conceal, or assist undocumented immigrants in evading detection" AND "Aggravated Circumstances" AND "Conspiracy or Aiding and Abetting" AND
AND "State-Level Consequences"
So may I ask what happens when this County, this City Conceals a MAJOR IMMIGRATION FRAUD CASE here in Santa Barbara GOING-ON for some 20 years? What happens when it involves the
National Security of the United States? Let me inform you all what happens. NOTHING
Haven't You-All Heard. THERE ARE NO ILLEGALS IN CALIFORNIA.
Best to Move-Out of this State as quickly as You-All can.
Until SOMONE actually Prosecutes SOMEBODY there is NOTHING
And this is EXACTLY WHAT THIS STATE IS >>>> NOTHING
Howard Walther, member of a Military Family
PS1- Nobody was here for this Women>Something is very very wrong here>
https://x.com/WhiteHouse/status/1965443128195731891
Thank you for this public service.
Questions to ask our local politicians and NGOs:
1. Should 8 USC 1324 be enforced?
2. If not, should it be repealed?
3. If it should not be enforced, what other federal law should not be enforced?
Berney
Thanks, Thomas, very interesting and instructive. Crazy times, eh?
A great list.
There is a little item called supremacy and the law. Comes from English Law that was derived from the divine right King.
As a Republic with elected representation those sectors of our government have to know that Federal Law rules.
Is it not interesting that when Clinton, Obama, and Biden were in office it was both a moral and legal crime not to knuckle under by the Loyal Opposition (aka Republicans).
Now the cries of bigotry, and you have to understand why "they" steal, kill, and destroy in our country it is excusable. What do you think is the ratio of Anglo crime on all of the other sectors of the nation is in comparison?
Part of the problem is you have entire political factions that have raised the middle finger to English Law, and interpretation of that based upon Law and Custom.
If you decide to move and live here pack, your personal and cultural baggage and learn what made this country. There has to be a reason people flee oppressive Socialism/Communism. There has to be a reason why people run from cultures where honor killings and masks for certain people is fine. Yet when it comes for masks protecting the serve and defend it is a crime.
Here is the door, I'll open it for you. But don't you dare threaten me, and mine and then state "you have to understand" criminals and anti social behavior.
My willingness and tolerance came up very short with the likes of the Black Panther followers who mutinied in my unit, the squatters who demanded to be saved at the cost of lives, and more.
Don't care for the supposed elite, "I am special" since I can sing a song or crack jokes at the history and honor of those who believe Duty Honor Country is not a quaint slogan.
As I said Das, Gregg, Helen, Scott, Gavin, Erick, and the rest "Here is the door, I'll open it for you." Go to Ireland, go to Canada, go to Ecuador, Cuba, don't state how you are going to tear us apart.
I have seen too much to put up with you and yours.
Thank you for clarifying what issues underly local efforts intended to thwart lawful government deportation operations.
As well as criteria that needs to be honored, now that city tax dollars have been allocated to support these local anti-deportation efforts. Color within the lines, folks.
Charlie Kirk is dead. God bless you, Charlie. You loved this country.
It seems as if these laws are being enforced about as much as the 65mph on the 101 or anyone stopping at stop signs in town.
Maybe a tad off-topic, but I thought you might find this excerpt from an article in yesterday’s Wall Street Journal interesting:
“Immigration is out of control in the UK,: three million arrivals in the past 5 years in a country of 66 million. The social consequences are startling: from hotels in leafy, peaceful English towns crammed full of refugees, to a London student body that is one-third Muslim. Similar challenges are overwhelming France, Germany and Italy. Their economies are crushed by the weight of fiscal incontinence and sky-high energy prices caused by delusional green extremism.”
It doesn’t take a genius to figure that the scourge of illegal aliens is F— up the whole world! To all you Commie-Dems who voted for that moron Biden and the 20 million illegal aliens he let flood into our beautiful country . . . please leave!
https://www.hud.gov/news/hud-no-25-048
Biden and his socialist Democrates caused our present illegal immigrant problems by breaking our laws and opening the border to any and all . Trump is using our exisisting laws to right this mess. The Democrats illeal action on immigration are evil and harmful to all coming here. We support Trump in using our existing laws to right this democratic mess.
Excellent, informative article on the law, we should all be aware of. The funny thing is that the federal lawmakers practically made local elected politicians, seemingly immune to them. Is that really the case?
It would seem to the ordinary citizen that political leaders who run individual states and cities are aiding and abetting illegal aliens, when they declare and enforce the policies that aid and abet illegal aliens to evade federal officers of the law, from applying federal laws. Indeed, it is my understanding that federal laws always trump state and county/city laws when they appear to be in conflict.
Furthermore, it would seem that the FBI and Homeland security departments have the tools and resources to prove breaking of these laws by elected politicians and their enablers where and when violations of the law by intent and actual practices when they occur or are enabled to occur. In the same way that the ordinary citizen can be arrested and prosecuted for doing the same things.
If not, why not?
Earlier this year, in an effort to reverse the damage amid a nationwide affordable housing crisis, HUD and the Department of Homeland Security (DHS) signed a Memorandum of Understanding (MOU) to end the wasteful misappropriation of taxpayer dollars to benefit illegal aliens instead of American citizens, especially veterans in need. Under the agreement HUD provided a full-time staff member to assist in operations at the Incident Command Center (ICC), creating an interagency partnership to facilitate data sharing and ensure taxpayer-funded housing programs are not used to harbor or benefit illegal aliens. “We will safeguard precious taxpayer resources, and we will stop the harmful practices of the former Biden Administration, which favored and prioritized illegal aliens over American citizens in the expenditure of housing funds and subsidies,” the HUD-DHS MOU states. Within days HUD announced that illegal immigrants would no longer qualify for government-backed mortgages through a Federal Housing Administration (FHA) program that lends to “non-permanent residents.” The new policy ensures that illegal aliens cannot access FHA-insured financing and refocuses the use of taxpayer-funded federal housing programs to benefit U.S. citizens.
A few days ago, HUD Secretary Scott Turner took another critical step, sending a letter to over 3,000 Public Housing Authorities (PHA) around the nation requiring citizenship information for residents of the Section 8 program, which is funded by HUD and managed by local PHAs. Illegal aliens are not supposed to benefit from Section 8 housing, but enforcement has been lax for years and an estimated 100,000 non-citizens receive the taxpayer-funded subsidies. The audit will help clear the rolls and free resources to prioritize the needs of American citizens, according to Turner. PHAs have 30 days to provide tenant names, addresses, unit size and cost, number of people per unit and proof of American citizenship or eligible immigration status. “This information is required by law and this administration is upholding the law to its fullest extent,” Turner, a former Texas state legislator and professional football player, writes in the letter. “No longer will illegal aliens be able to leave citizenship boxes blank or take advantage of HUD-funded housing, riding the coattails of hardworking American taxpayers.”
The nation’s housing secretary goes on to reveal that his agency currently serves only one out of four eligible families due in part to the lack of enforcement of prohibition against federally funded assistance to illegal aliens. “HUD will leverage all available enforcement actions against entities who do not comply with the request for citizenship information, including but not limited to, examination of HUD funding and/or evaluation of PHA program eligibility,” Scott’s letter to the country’s PHA’s states. Public housing advocates claim the crackdown will destabilize poor families and worsen the nation’s housing crisis. “No matter where we come from, how long we’ve lived here, or what language we speak, our country has the resources to ensure that all of us have a safe place to call home,” said an official with the National Housing Law Project, a nonprofit dedicated to advancing housing justice for poor people. “But Trump and Turner are threatening to take away the funding necessary to keep millions of people housed, despite tenants across the country struggling to make ends meet. Rather than address sky-high rents, increasing evictions, and record homelessness, Trump and Turner are forcing public housing authorities to divert their limited resources away from affordable housing and towards wasteful policy designed to cause fear and hardship among immigrant families and scare them into self-evicting.”
There will be no enforcement. Let’s see if SB City and/or County Housing Authorities reply or claim SB54 exemption Sanctuary State compliance exclusion. I doubt any CA NPO owners of Section 202 or 231 tax exempt housing will comply. When there’s no consequence, govt rules are ignored.
Denice, You’re spot on about the dynamic. When there’s no enforcement mechanism, agencies and nonprofits tend to “comply” on paper but ignore the intent in practice.
SB City/County Housing Authorities: They’ll likely say their hands are tied by SB54 (California’s “sanctuary” statute) and may claim exemptions that allow them to avoid federal cooperation requirements. In other words, they’ll punt responsibility upward.
NPOs owning Section 202 or 231 properties (HUD-subsidized senior housing): These nonprofit boards know the IRS exemption and HUD contracts give them cover. Without federal enforcement tied to funding or tax status, they have little incentive to comply with rules that conflict with California state law or local political culture.
Practical outcome: Unless HUD or IRS steps in with audits, sanctions, or funding clawbacks, nothing will change. Most operators will quietly continue their own interpretations of compliance.
It really is a “rules without teeth” situation — especially in California, where state law (SB54) is deliberately designed to limit federal enforcement leverage.
Short answer: I couldn’t find any updated Section 202 or Section 231 Use Agreements that add an explicit “immigration-enforcement cooperation” clause. The standard templates still focus on affordability, use restrictions, tenant eligibility, physical condition, and financing/refi terms—nothing that compels ICE/DHS cooperation beyond normal eligibility verification.
HUD.gov
What has changed in 2025 is HUD’s parallel pressure via policy and grant language—not the old 202/231 use covenants:
HUD–DHS MOU (Mar 24, 2025) enabling information-sharing to keep undocumented residents from HUD-assisted housing. This is the main “teeth” right now, but it lives outside project Use Agreements.
HUD.gov
Secretary letters / press releases (Apr 4, 2025, etc.) stating HUD won’t fund “illegal aliens or sanctuary cities,” signaling stricter enforcement through funding levers rather than revising legacy covenants.
HUD.gov
FY2025 Administrative/Grant addenda now require recipients to administer awards “in accordance with all applicable immigration restrictions and requirements,” citing PRWORA—again, this binds grantees through award terms, not 202/231 Use Agreements.
HUD.gov
Existing HUD rules on non-citizen eligibility (verification, mixed-status handling) continue to apply; they predate 2025 and are separate from 202/231 use documents.
HUD.gov
Reports of new enforcement pushes (data-sharing demands, funding threats) suggest the tactic is to condition funds and compel reporting—still outside the recorded Use Agreement itself.
Washington Examiner
Bottom line: For current 202/231 properties, I don’t see new, recorded Use Agreement clauses forcing immigration-enforcement cooperation. Owners/NPOs can still point to state law (e.g., SB54) unless HUD ties compliance directly to funding, renewals, or grants (where the new 2025 language lives).
HUD.gov
The real leverage HUD is using now: award terms, NOFO/notice language, and the HUD–DHS MOU—not rewriting legacy use covenants. If HUD withholds/conditions money or requires datasets, that’s where noncompliance starts to bite.