DOJ Requires States to Report Undocumented Immigrants or Risk Losing Federal Funding
The U.S. Department of Justice (DOJ) has issued a new legal opinion requiring all states to report undocumented immigrants known to be in their jurisdictions to the Department of Homeland Security (DHS), or risk losing federal funding for programs like Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI). This reverses an earlier 1998 DOJ Office of Legal Counsel opinion, which limited such reporting obligations only to specific state agencies administering these programs. Assistant Attorney General T. Elliot Gaiser emphasized that states accepting federal aid must comply with immigration laws. The new guidance applies broadly across all state government agencies and does not retroactively affect past enrollments in the programs. The DOJ clarified that Congress intended for entire state governments, once they accept funding from TANF or SSI—programs receiving up to $16.4 billion annually—to share information with DHS about undocumented individuals. The ruling is part of a broader effort by federal authorities under President Donald Trump's administration to enforce immigration laws and align state actions with national policies.
Topics: Department_of_Justice federal_funding undocumented_immigrants