The Justice Department has issued an important ruling requiring states to follow the legislated rule of reporting illegal aliens who receive Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI). This rule can substantially alter the nature of financial support programs currently taking place with federal funds. [Full Press Release] [Full Opinion]
The Office of Legal Counsel has issued a legal opinion clarifying that when a state chooses to participate in the Temporary Assistance for Needy Families (TANF) and the Supplemental Security Income (SSI) programs, all agencies within that state — not only those that administer TANF or SSI benefits — must report individuals known to be not lawfully present in the United States to The Dept of Homeland Security. {citation}
DOJ Press Release: […] “Congress wrote this requirement plainly,” said Assistant Attorney General T. Elliot Gaiser of the Justice Department’s Office of Legal Counsel. “When a state chooses to participate in TANF, it accepts the obligation to report illegal aliens in the United States. Tax dollars intended to help vulnerable Americans should not perversely encourage illegal entry into the United States, but rather should reinforce our laws and our borders.”
“Our clarification does not impose new obligations on states,” said Deputy Assistant Attorney General Joshua Craddock of the Justice Department’s Office of Legal Counsel and author of 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.”




