The Department of Justice (DOJ) has issued a new legal opinion requiring all states to report undocumented immigrants to the U.S. Department of Homeland Security (DHS) if they wish to retain federal funding for programs like Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI).
This opinion revises a 1998 interpretation that limited reporting obligations to specific state agencies. Assistant Attorney General T. Elliot Gaiser emphasized that accepting TANF funds comes with the responsibility to report illegal immigrants, reinforcing the idea that taxpayer dollars should not inadvertently encourage illegal immigration.
The DOJ clarified that this requirement applies to all state agencies and is proactive, meaning it does not retroactively affect past enrollments. With TANF funding exceeding $16.4 billion annually, states that fail to comply could face significant financial consequences.
The DOJ's Deputy Assistant Attorney General Joshua Craddock stated that the opinion restores the original intent of the law as enacted by Congress. As this situation develops, many states are being asked whether they will challenge this new guidance