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States now must report undocumented immigrants to DHS or risk federal funding, DOJ says
The opinion broadens reporting duties for states that take Temporary Assistance for Needy Families funding and says noncompliance could cost them billions.
- 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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States must report known illegal immigrants to feds as condition of getting welfare, DOJ rules
The Justice Department announced a new legal opinion Wednesday finding that states that take federal money to finance their cash welfare programs must report illegal immigrants to the Department of Homeland Security -- a move that could potentially defang states' sanctuary policies.
·Washington, United States
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DOJ says states must report all undocumented immigrants — or lose federal funds
·Arlington County, United States
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Justice Department Clarifies Duty of States to Report Known Illegal Aliens Under Welfare-Reform Law
The Department of Justice’s Office of Legal Counsel has issued a legal opinion clarifying that when a state chooses to participate in the Temporary Assistance for Needy Families (TANF) and the Supplemental Security Income (SSI) programs, all agencies within that state — not only those that administer TANF or SSI benefits — must report individuals known to be not lawfully
Coverage Details
Total News Sources5
Leaning Left2Leaning Right1Center0Last UpdatedBias Distribution67% Left
Bias Distribution
- 67% of the sources lean Left
67% Left
L 67%
R 33%
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