The US Department of Justice announced on Wednesday (September 2) that all state government agencies must provide information on undocumented immigrants residing in their state to the Department of Homeland Security (DHS) in order to maintain federal funding for two key public assistance programs. Failure to comply with this requirement could result in the loss of funds provided by the federal government.
According to a newly issued legal memorandum from the Department of Justice, any state participating in the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs must report information on undocumented immigrants known to be in the state to the Department of Homeland Security. This mandate applies to all agencies within the state, not just those administering the TANF or SSI programs.
The Assistant Attorney General of the Office of Legal Counsel, T. Elliot Gaiser, stated in a press release that this requirement is explicitly outlined by Congress. States opting into the TANF program are obligated to report undocumented individuals within the US, as funds meant to aid disadvantaged Americans should not inadvertently encourage illegal immigration, but rather enforce existing laws and borders.
The Office of Legal Counsel clarified a provision within the 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA). The broad definition of “state” within this law means that when a state accepts federal funds for TANF or SSI, the entire state government, including all its constituent agencies, must comply with federal law and provide information on undocumented individuals to the Department of Homeland Security.
The previously issued legal memorandum from the Clinton administration in 1998, which had a narrower interpretation of the reporting requirements, has been rescinded by the Office of Legal Counsel. Under the former interpretation, only state government agencies specifically responsible for managing the TANF or SSI programs were required to provide relevant information to federal immigration authorities.
It was noted in the press release that all 50 states in the US, the District of Columbia, and several US territories participate in the TANF and SSI programs, with over $16.4 billion in funding provided annually by the federal government for the TANF program.
Joshua Craddock, Deputy Assistant Attorney General of the Office of Legal Counsel and author of the legal opinion, emphasized that the clarification does not impose new obligations on states but rather aligns with the original intent of the regulation set by Congress and ensures that the Department of Homeland Security receives the information it is entitled to. States receiving TANF funding must comply with federal law, as failure to do so could result in serious consequences, including the loss of program funding.
However, the press release indicated that this new memorandum applies prospectively, and states will not face retroactive penalties for previously relying on the 1998 interpretation.