States Must Report Undocumented Immigrants or Lose Federal Funding
The Justice Department issued a sweeping legal opinion on September 2 requiring all states to report undocumented immigrants to federal immigration authorities or risk losing federal funding for key welfare programs like TANF and SSI.
What Changed
The Justice Department issued a new legal interpretation on Wednesday in an attempt to push every state in the country to report undocumented immigrants living in their communities and advance President Donald Trump's mass deportation plan. The department's Office of Legal Counsel said that when states accept federal funds to assist low-income families — through the Temporary Assistance for Needy Families and the Supplemental Security Income programs — they're obligated to report anyone who's not lawfully present in the U.S. to the Department of Homeland Security.
The reporting requirement would extend to the entire state government, not just the agencies administering TANF and SSI benefits. The DOJ revised the Office of Legal Counsel's prior opinion from 1998, which found that only specific state agencies that administered these programs needed to provide information to federal immigration authorities.
State Response
The office of California AG Rob Bonta said, "The Trump Administration is continuing to try to coerce states into its hateful agenda, this time by attempting to rewrite decades-old law." Trump has frequently attempted to withhold federal dollars as a way to ensure so-called sanctuary states and jurisdictions comply with his mass-deportation agenda, but federal judges have consistently ruled against him. It is unclear how the new federal precedent will clash with those state-level mandates, though some may choose to sue the administration over its new directive.
What This Means for You
If you are an undocumented immigrant or know someone living without legal status in the United States, this policy significantly changes the reporting landscape. Any interaction with state agencies administering TANF, SSI, or related safety-net programs could now trigger federal immigration authorities being notified. Some states may challenge this directive in court, which could create temporary differences in enforcement by state—but the legal framework the administration has established applies nationwide to any state receiving these federal funds.
Sources
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