"X County will not operate any programs that violate any applicable Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964."

Just sharing: A local government in VA received the following email from HUD on July 1 at 5:18pm for a response due by close of business July 2. Highlighting added. Per 24 CFR 91.500(d), if the plan is disapproved the local government should have 45 days to resubmit. From: CPD DAS for Field Operations <CPDDASforfieldoperations@hud.gov<mailto:CPDDASforfieldoperations@hud.gov>> Sent: Tuesday, July 1, 2025 5:18 PM Subject: [EXTERNAL] NOTIFICATION: X County, VA FY25 Consolidated Plan/Action Plan Dear Grantee, This message serves as notification that the Department is questioning the accuracy of the X County, VA's certification that the Community Development Block Grant (CDBG) funds described in its Fiscal Year 2025 Consolidated Plan/Action Plan (the Plan) will be administered in conformity with applicable laws, including Executive Orders. HUD is providing this opportunity for your jurisdiction to comment (i.e., provide specific evidence demonstrating compliance with the certification) by responding to this notification. The grantee's demonstration of compliance with the certification should include taking the actions described below by close of business on Wednesday, July 2, 2025. Failure to address HUD's concerns regarding the certification may result in HUD determining that the certification is inaccurate or unsatisfactory, which will result in disapproval of the Plan. During HUD's review of the Fiscal Year 2025 Consolidated Plan/Action Plan submitted by your jurisdiction, the Department identified language in the Plan that violates Executive Order 14151 Ending Radical and Wasteful Government DEI Programs and Preferencing, Executive Order 14173 Ending Illegal Discrimination and Restoring Merit-Based Opportunity and Executive Order 14218 Ending Taxpayer Subsidization of Open Borders. Specifically, the jurisdiction's Plan states the following: * "The X CoC is also participating in a regional racial equity project through its membership with the Metropolitan Washington Council of Governments' (MWCOG) Homeless Services Committee. This project focuses on examining the policies and practices of MWCOG Homeless Services Committee local CoC's members." (Page 67, emphasis added); * "Several organizations in the community provide services and resources to support X residents of various cultural and ethnic backgrounds. Some of these services are located in communities in eastern X County, which have seen an increase in immigrant populations and also have a slightly higher poverty rate than other areas in the County." (Page 72, emphasis added) This language includes provisions that are prohibited in the implementation of federal programs pursuant to the referenced executive orders. To address this issue, your jurisdiction should provide assurance to the Department by taking the following actions 1. Remove or replace all "equity" references throughout the document and replace with "activities and actions that do not violate any applicable Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964"; 2. Replacing all "immigrant" references with "legal/documented immigrant"; and 3. Provide the following assurance statements within the Plan: "X County shall administer its grant in accordance with all applicable immigration restrictions and requirements, including the eligibility and certification requirement that apply under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended (8 U.S. C. 1601-1646) (PRWORA) and any applicable requirements that HUD, the Attorney General, or the U.S. Citizenship and Immigration Services may establish from time to time to comply with PRWORA, Executive Order 14218 or other Executive Orders or immigration laws. The city will not use funding under this grant in a manner that by design or effect facilitates the subsidization or promotion of illegal immigration or abets policies that seek to shield illegal aliens from deportation. Unless excepted by PRWORA, the city must use SAVE, or an equivalent verification system approved by the Federal government, to prevent any Federal public benefit from being provided to an ineligible alien who entered the United States illegally or is otherwise unlawfully present in the United States." "X County agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the U.S. Government's payment decisions for purposes of section 3729(b)(4) of title 31, United States Code." "X County will not operate any programs that violate any applicable Federal anti-discrimination laws, including Title VI of the Civil Rights Act of 1964." The grantee should re-submit the action plan to HUD by the deadline noted above. Please work to revise and resubmit your Plan in HUD's Integrated Disbursement and Information System (IDIS). If HUD disapproves the Plan, the grantee must resubmit its Plan within 45 days after first notification of Plan disapproval (see 24 CFR 91.500(d)). If you should have any questions, please reach out to the Office of Community Planning and Development Office of Field Operations at cpddasforfieldoperations@hud.gov<mailto:cpddasforfieldoperations@hud.gov> .