All state agencies are being required to report illegal aliens to the Department of Homeland Security.
The U.S. Department of Justice’s (DOJ) Office of Legal Counsel has issued an updated legal opinion regarding states’ duties to report illegal immigrants utilizing welfare programs. The new opinion says that when U.S. states choose to participate in the Temporary Assistance for Needy Families (TANF) and the Supplemental Security Income (SSI) programs, all agencies within that state, regardless of whether or not they administer TANF or SSI benefits, are required to report individuals who are in the country illegally to the Department of Homeland Security (DHS). This updated clarification withdraws a previous opinion published in 1998 that stated that only state agencies that administered TANF or SSI needed to provide information about illegal aliens.
DOJ Office of Legal Counsel Deputy Assistant Attorney General Joshua Craddock stated, “Our clarification does not impose new obligations on states. It simply restores the original meaning of the statute Congress enacted and ensures that DHS receives the information it is legally entitled to.”
“When a state chooses to participate in TANF, it accepts the obligation to report illegal aliens in the United States,“ Office of Legal Counsel Assistant Attorney General T. Elliot Gaiser explained. “Tax dollars intended to help vulnerable Americans should not perversely encourage illegal entry into the United States, but rather should reinforce our laws and borders.”
Currently, all 50 U.S. states as well as the District of Columbia and several U.S. territories participate in the federal welfare programs.
As the Lord Leads, Pray with Us…
- For Deputy Assistant Attorney General Craddock as he fulfills his role as legal counsel at the Justice Department.
- For Assistant Attorney General Gaiser as he clarifies the reporting guidance for states receiving taxpayer funded federal welfare benefits.
Sources: Department of Justice





