I 

118TH CONGRESS 

1ST SESSION H. R. 2397 

To clarify that eligibility of certain mortgages with Federal credit enhancement may not be conditioned on the status of a mortgagor as a DACA 

recipient if all other eligibility criteria are satisfied, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. VARGAS (for himself, Mr. AGUILAR, and Ms. GARCIA of Texas) introduced 

the following bill; which was referred to the Committee on Financial Services 

A BILL 

To clarify that eligibility of certain mortgages with Federal 

credit enhancement may not be conditioned on the status 

of a mortgagor as a DACA recipient if all other eligibility 

criteria are satisfied, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeownership for 

5 DREAMers Act’’. 


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1 SEC. 2. DACA RECIPIENT ELIGIBILITY. 

2 (a) FHA.—Section 203 of the National Housing Act 

3 (12 U.S.C. 1709) is amended by inserting after subsection 

4 (h) the following: 

5 ‘‘(i) DACA RECIPIENT ELIGIBILITY.— 

6 ‘‘(1) IN GENERAL.—The Secretary may not— 

7 ‘‘(A) prescribe terms that limit the eligi8 bility of a single family mortgage for insurance 

9 under this title because of the status of the 

10 mortgagor as a DACA recipient; or 

11 ‘‘(B) issue any limited denial of participa12 tion in the program for such insurance because 

13 of the status of the mortgagor as a DACA re14 cipient. 

15 ‘‘(2) DACA RECIPIENT DEFINED.—For the 

16 purposes of this subsection, the term ‘DACA recipi17 ent’ means an alien who, at any time before, on, or 

18 after the date of the enactment of this subsection, 

19 is or was in deferred action status pursuant to the 

20 Deferred Action for Childhood Arrivals (‘DACA’) 

21 Program announced by the Secretary of Homeland 

22 Security on June 15, 2012. 

23 ‘‘(3) EXEMPTION.— 

24 ‘‘(A) DENIAL FOR FAILURE TO SATISFY

25 VALID ELIGIBILITY REQUIREMENTS.—Nothing 

26 in this title prohibits the denial of insurance 


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1 based on failure to satisfy valid eligibility re2 quirements. 

3 ‘‘(B) INVALID ELIGIBILITY REQUIRE4 MENTS.—Valid eligibility requirements do not 

5 include criteria that were adopted with the pur6 pose of denying eligibility for insurance because 

7 of race, color, religion, sex, familial status, na8 tional origin, disability, or the status of a mort9 gagor as a DACA recipient.’’. 

10 (b) RURAL HOUSING SERVICE.—Section 501 of the 

11 Housing Act of 1949 (42 U.S.C. 1472) is amended by 

12 adding at the end the following: 

13 ‘‘(k) DACA RECIPIENT ELIGIBILITY.— 

14 ‘‘(1) IN GENERAL.—The Secretary may not 

15 prescribe terms that limit eligibility for a single fam16 ily mortgage made, insured, or guaranteed under 

17 this title because of the status of the mortgagor as 

18 a DACA recipient. 

19 ‘‘(2) DACA RECIPIENT DEFINED.—For the 

20 purposes of this paragraph, the term ‘DACA recipi21 ent’ means an alien who, at any time before, on, or 

22 after the date of the enactment of this paragraph, 

23 is or was in deferred action status pursuant to the 

24 Deferred Action for Childhood Arrivals (‘DACA’) 


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1 Program announced by the Secretary of Homeland 

2 Security on June 15, 2012.’’. 

3 (c) FANNIE MAE.—Section 302(b) of the National 

4 Housing Act (12 U.S.C. 1717(b)) is amended by adding 

5 at the end the following: 

6 ‘‘(8) DACA RECIPIENT ELIGIBILITY.— 

7 ‘‘(A) IN GENERAL.—The corporation may 

8 not condition purchase of a single-family resi9 dence mortgage by the corporation under this 

10 subsection on the status of the borrower as a 

11 DACA recipient. 

12 ‘‘(B) DACA RECIPIENT DEFINED.—For 

13 the purposes of this paragraph, the term 

14 ‘DACA recipient’ means an alien who, at any 

15 time before, on, or after the date of the enact16 ment of this paragraph, is or was in deferred 

17 action status pursuant to the Deferred Action 

18 for Childhood Arrivals (‘DACA’) Program an19 nounced by the Secretary of Homeland Security 

20 on June 15, 2012.’’. 

21 (d) FREDDIE MAC.—Section 305(a) of the Federal 

22 Home Loan Mortgage Corporation Act (12 U.S.C. 1454) 

23 is amended by adding at the end the following: 

24 ‘‘(6) DACA RECIPIENT ELIGIBILITY.— 


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1 ‘‘(A) IN GENERAL.—The Corporation may 

2 not condition purchase of a single-family resi3 dence mortgage by the corporation under this 

4 subsection on the status of the borrower as a 

5 DACA recipient. 

6 ‘‘(B) DACA RECIPIENT DEFINED.—For 

7 the purposes of this subsection, the term 

8 ‘DACA recipient’ means an alien who, at any 

9 time before, on, or after the date of the enact10 ment of this subsection, is or was in deferred 

11 action status pursuant to the Deferred Action 

12 for Childhood Arrivals (‘DACA’) Program an13 nounced by the Secretary of Homeland Security 

14 on June 15, 2012.’’. 

Æ 


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