DOJ says states must report undocumented immigrants or risk funds
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DOJ says states must report undocumented immigrants or risk funds

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Key Points:

  • The U.S. Department of Justice issued a new legal opinion requiring all states to report undocumented immigrants known to be in their jurisdiction to the Department of Homeland Security, or risk losing federal funding for programs aiding low-income individuals.
  • This opinion revises a 1998 interpretation, expanding the reporting obligation from specific agencies administering TANF and SSI programs to the entire state government when accepting federal TANF or SSI funds.
  • The DOJ emphasized that states accepting TANF funding must comply with federal law, warning that failure to do so could result in loss of program funding, which amounts to over $16.4 billion annually.
  • The new ruling applies only to future enrollments and does not retroactively affect past TANF and SSI enrollments.
  • Several state attorneys general have been contacted for their response, with potential challenges to the guidance anticipated.

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