States must report illegal immigrants or risk losing welfare funds: DOJ
States that accept federal welfare funds are now required to report all individuals they know to be illegally present in the U.S. to federal authorities, not just welfare recipients.This requirement applies broadly to all state agencies, including those outside welfare offices, such as motor vehicle and law enforcement agencies, and must be fulfilled at least four times annually or upon request. The Justice Department specified in a new legal opinion that this requirement is grounded in existing law and that states refusing to comply risk losing federal funding for programs like TANF and SSI. The guidance clarifies that knowledge of illegal presence can be established by various means, including information from DHS, admissions by individuals, or expired legal status. This reverses a previous 1998 opinion that limited reporting obligations to agencies directly administering welfare. The move emphasizes that participating in federal aid programs entails an obligation to report illegal immigrants, with notable funding repercussions for non-compliance. The Department of Justice anticipates ongoing administrative steps to define enforcement procedures, and while current guidance is non-retroactive, future noncompliance could threaten federal funding.
States accepting federal welfare funds must require all state agencies, not just welfare offices, to report known illegal immigrants to federal authorities or risk losing funding for the programs, the Justice Department said Wednesday.
In a new opinion published Wednesday, the department’s Office of Legal Counsel concluded that a reporting mandate in the 1996 welfare reform law applies across state governments participating in Temporary Assistance for Needy Families, known as TANF, and certain Supplemental Security Income agreements. States that refuse to comply could lose federal funding tied to those programs.
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“Our clarification does not impose new obligations on states,” said Deputy Assistant Attorney General Joshua Craddock, who wrote the opinion. “It simply restores the original meaning of the statute Congress enacted and ensures that DHS receives the information it is legally entitled to. States that accept TANF funding must abide by federal law, and failure to comply may lead to serious consequences, including loss of program funding.”
The opinion said participating states must give the Department of Homeland Security names, addresses, and other identifying information about people whom their agencies know are illegally present in the United States.
Although the requirement would include illegal immigrants enrolled in welfare programs, it is not limited to welfare recipients. Because the law applies to the state as a whole, information held by other agencies, possibly including motor vehicle departments and law enforcement agencies, must also be reported.
States must submit the information at least four times per year and whenever federal immigration authorities request it.
“Congress wrote this requirement plainly,” said Assistant Attorney General T. Elliot Gaiser, who leads the Office of Legal Counsel. “When a state chooses to participate in TANF, it accepts the obligation to report illegal aliens in the United States.”
The new interpretation reverses a 1998 OLC opinion issued during the Clinton administration. That guidance limited the mandate to agencies directly administering TANF or SSI.
All 50 states, Washington, D.C., and several U.S. territories currently participate in TANF and SSI, according to the DOJ. Federal TANF grants exceed $16.4 billion annually, placing a significant pool of federal money at stake as agencies develop new compliance procedures.
The opinion also takes a broader view of when a state “knows” that someone is in the country unlawfully. A final deportation order is not always necessary. Knowledge could arise when DHS informs an agency, a person admits to entering unlawfully without another legal basis to remain, or government records show that lawful status has expired.
States cannot avoid acquiring knowledge by deliberately refusing to consider readily available information, the opinion said.
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The Trump administration did not outline a complete enforcement process, though further administrative steps are likely to establish how compliance will be measured.
States will not face retroactive penalties for following the previous guidance, but future noncompliance could jeopardize federal funding for covered welfare programs.
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