US states must report people without legal status to DHS
The US Department of Justice has issued a new legal opinion stating that states receiving federal funding under TANF or SSI programs must provide the US Department of Homeland Security (DHS) with information about individuals whom state authorities believe are in the country without legal grounds. Failure to comply may result in the loss of funding for these programs, CNBC reports.
Review of the 1998 opinion
The new opinion by the Justice Department's Office of Legal Counsel revises the agency's 1998 position. At that time, it was believed that only designated state agencies administering the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs were required to provide information to federal immigration authorities.
The Justice Department said that the 1996 law broadly defines the term “state.” Therefore, under the agency's new interpretation, once TANF or SSI federal funds are accepted, the obligation to share data with DHS on people without legal status extends to the entire state government, including all of its constituent agencies.
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Risk of losing funds
Assistant Attorney General T. Elliot Gaiser said that a state participating in TANF assumes an obligation to report individuals who are unlawfully present in the United States. Deputy Assistant Attorney General Joshua Craddock, who prepared the opinion, said that this clarification, in the department's view, does not establish new obligations but restores the law's original meaning.
The opinion will apply prospectively and will not concern previous instances of participation in TANF and SSI. All 50 states, the District of Columbia, and several US territories participate in both programs. According to the Justice Department, annual TANF federal grants exceed $16.4 billion.
