DOJ orders states to broaden reporting of undocumented immigrants

Under the revised interpretation, any state participating in programs such as Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) must now report undocumented immigrants across all branches of its state government, rather than solely through the specific welfare office administering the federal program. This change aims to ensure that taxpayer funds intended for vulnerable Americans do not inadvertently encourage illegal immigration.

The new opinion, authored by Deputy Assistant Attorney General Joshua Craddock, supersedes a 1998 interpretation from the Clinton administration, which had limited reporting requirements to the agency directly managing the federal program. Craddock argued that the earlier interpretation was based on flawed legal reasoning and that subsequent congressional inaction did not validate the narrower reading of the statute.

Assistant Attorney General T Elliot Gaiser stated that participation in TANF obligates states to report undocumented individuals. He emphasized that the goal is to reinforce laws and borders, not to incentivize illegal entry.

The Department of Justice clarified that the new policy will not be applied retroactively, respecting the differing understandings of reporting obligations under the previous interpretation. States that object to the updated requirement are free to withdraw from the affected programs. The opinion also adjusts the standard for when a state can be considered to "know" an individual is undocumented, suggesting that deliberately avoiding readily available information or insisting on formal adjudication is no longer sufficient to avoid reporting obligations.