The Federal Housing Administration released an information bulletin shortly before its inauguration on Wednesday giving recipients of deferred child arrivals with American work access to loans they insured.
The new bulletin from the Department of Housing and Urban Development covers part of the FTA handbook that says, “Non-US. Non-residents of the United States are not eligible for FHA-insured mortgages. "
Earlier, Len Wolfson, deputy secretary for the Department of Housing and Urban Development under Trump's administration, said non-nationals' language in the FHA's 2019 manual was out of the question for DACA recipients for FHA loans.
This language was added as early as 2003 under the Bush administration, according to the Department of Housing and Urban Development. DACA became politics in 2012 under the Obama administration.
According to the HUD, the change was made this week because "the term" legal residence "precedes the DACA and therefore did not anticipate a situation where a borrower may not have legally entered the country but is still considered lawfully present. "
DACA allows some individuals brought to the United States as children without legal permission to postpone deportation in renewable two-year increments and obtain work permits, as long as they have no criminal offense or serious misdemeanor on their records.
The Trump administration tried to end the DACA, but the Supreme Court ruled against move 5-4 last June, finding that it violated the Administrative Procedure Act, among other things.
President Biden had said restoring the DACA as an active program was one of his early moves, and some have speculated that doing so could lead to a change in FHA policy. HUD may have made the change on Jan 19th as a courtesy for the Biden transition team.