California bill would allow undocumented immigrants paying taxes to get home loans (2024)

A new bill that would allow some undocumented immigrants to receive loans to buy homes is sparking debate as it passes through the California Legislature.

Assembly Bill 1840 would make it clear that a person who applies for a loan under the California Dream for All Program cannot be disqualified solely because of their immigration status. It passed the state Senate with a 25-14 vote.

The program is run by California Housing Finance Agency, which generates revenue "through mortgage loans, not taxpayer dollars," according to the agency's website.

Their program provides a shared appreciation loan -- which typically means that first-time homebuyers do not pay interest. Instead, they only have to pay back the original loan amount, plus 20% of any home value appreciation. The loan covers 20% of the purchase price or up to $150,000 to cover a down payment or closing costs.

The loan must be paired with a 30-year fixed interest rate first mortgage from the California Housing Finance Agency and the recipient does not have to make payments on the share appreciation loan until the first mortgage is paid off.

In a general statement on the program's mission, Gov. Gavin Newsom stated: “As part of the state’s comprehensive efforts to improve affordability, build generational wealth and unlock access to housing, Dream For All is paving the way home for thousands of Californians. This program is more than just financial assistance – it’s about providing a pathway for individuals to achieve their California dream.”

California bill would allow undocumented immigrants paying taxes to get home loans (1)

It is not clear if Newsom intends to sign the bill. A two-thirds vote in each chamber of the legislature would be needed to override a veto -- which could be achieved with the votes in favor of the bill thus far.

If the new bill is passed or signed into law, undocumented borrowers would be able to apply for the housing loan. However, they would be required to have a valid Social Security number or Individual Taxpayer Identification Number in addition to meeting existing legal residency and documentation requirements.

This language would allow, for example, people who pay taxes but are not legal citizens, such as recipients of the Deferred Action for Childhood Arrivals policy, known as DACA, to apply for the loan.

Supporters say the bill is intended to allow all those who pay taxes in the state to be able to qualify for the assistance.

“Homeownership is one of the largest contributors to building wealth for low and middle-income families,” said Cynthia Gomez, a deputy director at The Coalition for Humane Immigrant Rights in an April hearing on the bill. “However, it's also well understood that there are many barriers to access for homeownership, in particular for communities of color. California is solution-orientated, and we have implemented various policies that have made homeownership a reality for Californians.”

California bill would allow undocumented immigrants paying taxes to get home loans (2)

Critics argue that the money should not be geared toward people who are undocumented and that noncitizens should not be eligible for state programs.

"I just can't get behind using our limited dollars for people who continue, who are in this country undocumented when we have very limited funds," said state Rep. Joe Patterson during a hearing on the bill in April.

The Trump campaign told Politico that it believed the bill to be “fundamentally unfair but typical Democrat policy.”

The Senate Appropriations Committee said in a mid-August meeting that the cost pressures on the program, if it were to undergo an expansion, are "unknown," but the California Housing Finance Agency (CalHFA) indicated "that any costs to update program regulations to prohibit application disqualification based on immigration status would be minor and absorbable," according to filings in the legislature on the bill.

The debate comes as immigration has continuously ranked as a top issue for 2024 voters, according to Gallup .

California has the largest undocumented population in the country, with an estimated population of 1.85 million undocumented immigrants in 2021, according to the Pew Research Center.

At the same time, California is dealing with a housing crisis, with a growing homeless population and increasingly high costs for housing.

California mid-tier homes are twice as expensive as the typical U.S. home -- selling at more than $700,000,according to California's Legislative Analyst's Office, and 28% of all homeless people in the U.S. live in California, the point-in-time report from the U.S. Department of Housing and Urban Development recorded.

California bill would allow undocumented immigrants paying taxes to get home loans (2024)

FAQs

What is the California Assembly Bill 1840? ›

Under Assembly Bill 1840, sponsored by Democratic Assemblymember Joaquin Arambula of District 31, the state won't be able to disqualify undocumented people living in California from receiving home mortgage assistance because of their legal status.

Can illegal immigrants get financial aid in California? ›

There are many financial aid opportunities for undocumented/dreamer students including: Cal Grant, Chafee Grant, Middle Class Scholarship, UC Grants, State University Grants, California College Promise Grant (CCPG), EOP/EOPS, some University scholarships and some private scholarships administered by campuses.

Can undocumented immigrants get cash aid in California? ›

CALIFORNIA BENEFITS PROGRAMS AVAILABLE TO “NOT QUALIFIED” IMMIGRANTS INCLUDE: – Cash Assistance for Program for Immigrants (CAPI): CAPI provides basic cash assistance for low-income elderly and/or disabled immigrants who are not yet eligible for SSI.

Can illegal immigrants rent in California? ›

Nobody can refuse to rent to you because of your immigration status. This is a form of discrimination and you can file a complaint with HCID (contact above), or with California Department of Fair Employment and Housing www.dfeh.ca.gov/complaint-process/complaint-forms/ or (800) 884-1684.

Can an illegal immigrant get an FHA loan? ›

The CalHFA and Dream for All handbooks say each borrower must be a citizen, “other national of the United States or a qualified alien.” “There has to be some sort of legal document that says they are allowed to be here,” said Kristina Hernandez, a state-approved lender with Homeowners Financial Group in Stockton.

What is the California Assembly bill 2542? ›

AB 2542 would establish the California Racial Justice Act (Act) which would prohibit the state from seeking or obtaining a criminal conviction, or from imposing a sentence, based upon race, ethnicity or national origin.

What is the California Assembly bill 2088? ›

The bill would prohibit an education employer from discouraging, retaliating against, or prohibiting a classified employee from applying for a vacant or open position, and would expressly prohibit retaliation against classified employees for either refusing or accepting a vacancy.

What is California Assembly bill 326? ›

If approved by the voters at the March 5, 2024, statewide primary election, this bill would recast the MHSA by, among other things, renaming it the Behavioral Health Services Act (BHSA), expanding it to include treatment of substance use disorders, changing the county planning process, and expanding services for which ...

Does California give free healthcare to undocumented immigrants? ›

On Monday, California became the first state in the nation to offer health insurance to all eligible undocumented immigrants. Beginning January 1, immigrants of all ages will be eligible for the state's health insurance program for low-income people, known as Medi-Cal.

Can undocumented immigrants get food stamps in California? ›

Am I eligible for SNAP if I am not a citizen? Only certain lawfully present non-citizens may receive SNAP benefits. Undocumented non-citizens are not and have never been eligible for SNAP. If you have an eligible immigration status, you must meet SNAP eligibility requirements such as limits on income and resources.

Can undocumented immigrants get a driver's license in California? ›

For example, undocumented California residents can now get a California driver's license because of AB 60, or the Safe and Responsible Drivers Act. This law was passed in 2013 to reduce traffic accidents. These licenses are also known as AB 60 licenses.

What is the seven year rule for immigrants? ›

This bill would remove that restriction to include aliens who entered the country after January 1st, 1972. More importantly, aliens who have been residents in the United States for seven years have greater eligibility for obtaining an upgrade to their immigration status.

What benefits do migrants get in California? ›

CAPI is a 100 percent state-funded program designed to provide monthly cash benefits to aged, blind, and disabled non-citizens who are ineligible for Supplemental Security Income/State Supplementary Payment (SSI/SSP) solely due to their immigration status.

Do undocumented workers have rights in California? ›

With a few exceptions, undocumented workers have all of the legal rights and remedies provided by both Federal and California law. (The exceptions to this general rule, mainly in the areas of unemployment insurance and union organizing, are discussed below.)

Can a non-US citizen buy a house in California? ›

Anyone may buy and own property in the United States, regardless of citizenship. There are no laws or restrictions that prevent an individual of any foreign citizenship from owning or buying a home in the U.S.

Do you need papers to buy a house in California? ›

Carlos, the main documents/information needed for a buyer are: Two years residence and employment history. Current paystubs, current W2s Two years tax returns if self employed or show other types of income (rental income, interest/dividends, etc.). Personal and corporate if applicable.

Can undocumented immigrants get a real estate license in California? ›

At CA Realty Training, we get people asking about the real estate licensing process. One common question international students ask is, “Do you have to be a U.S. citizen to get a real estate license in California?” The short answer: No.

Is it illegal to be undocumented in California? ›

When the state of California enacted new laws designed at protecting undocumented immigrants, it prompted a stern response from federal authorities.

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