DOJ warns US states could lose billions in welfare funds over immigration reporting
The new interpretation expands the reporting requirement beyond the state agencies directly responsible for administering the federal programs.
The US Justice Department has issued a legal opinion warning that states could lose billions of dollars in federal welfare funding if they fail to report immigrants who are in the country illegally. According to the Office of Legal Counsel, states receiving funds through the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs must notify the Department of Homeland Security of individuals unlawfully present in the US.
This expanded reporting requirement applies not just to agencies responsible for administering the programs, but also to other state bodies such as universities and departments of motor vehicles if they possess relevant information. Failure to comply could result in the loss of program funding, according to Deputy Assistant Attorney General Joshua Craddock.
The administration of President Donald Trump has been actively pursuing an aggressive immigration enforcement strategy, including increased deployment of immigration agents and cooperation with state and local law enforcement. The new stance by the Justice Department may face opposition from states led by Democrats. States are already contesting the Department of Homeland Security's attempts to access personal information of recipients from one of the affected programs, and some efforts by the Trump administration to require the sharing of immigration data with DHS have met legal challenges.
Both TANF and SSI programs provide substantial financial support to states, with annual federal grants totaling over $16.5 billion and $60 billion respectively. However, recipients of TANF and SSI are ineligible for these benefits. The legal opinion, while not binding law, carries weight with federal agencies. Craddock argued that a 1998 rule misinterpreted a 1996 act by limiting the scope of the term "State" to specific agencies instead of the states themselves.
At least 19 states, including Washington, DC, permit undocumented immigrants to obtain driver's licenses, and many universities enroll students without legal status.
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