States now must report undocumented immigrants to DHS or risk federal funding, DOJ says
The opinion broadens reporting duties to every state agency and threatens billions in federal welfare funding if states do not comply, officials said.
- On Tuesday, the Department of Justice issued a legal opinion requiring states accepting federal Temporary Assistance for Needy Families or Supplemental Security Income funds to report undocumented immigrants to the Department of Homeland Security or risk losing that federal funding.
- The mandate revises 1998 guidance by reinterpreting the 1996 Work Opportunity Reconciliation Act. Deputy Assistant Attorney General Joshua Craddock stated the opinion "simply restores the original meaning" of the statute to ensure DHS receives required information.
- Applying to all 50 states, the District of Columbia, and territories, the order mandates every state agency accepting federal aid share data. Assistant Attorney General Elliot Gaiser noted, "Congress wrote this requirement plainly," regarding states' obligations to report undocumented immigrants.
- Federal TANF grants exceed $16.4 billion annually, creating significant stakes for jurisdictions accepting the funding. The DOJ clarified this requirement applies only prospectively, excluding past program enrollments from the new reporting mandate.
- Because these programs encompass the entire administrative apparatus of state governments, the compliance burden extends across every jurisdiction participating in federal programs. Noncompliance could trigger loss of crucial federal support, according to the Department.
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67 Articles
The U.S. Department of Justice has warned that it will cut welfare funding to state governments that do not hand over information on undocumented immigrants to the federal government. This is interpreted as a plan to significantly expand the federal government's immigration enforcement network by mandating that all state agencies, including not only welfare departments but also state universities and the Department of Motor Vehicles, report info…
The Department of Justice aims to detect more immigrants without legal status through aid programs they receive in some states
DOJ Affirms Legislative Rule that All States Participating in Federal Welfare Programs Must Report Illegal Aliens to DHS
The Justice Department has issued an important ruling requiring states to follow the legislated rule of reporting illegal aliens who receive Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI). This rule can substantially alter the nature of financial support programs currently taking place with federal funds. [Full Press Release] [Full Opinion] The […]
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