The Justice Department warned states Thursday they could lose billions of dollars in welfare funding if they do not report individuals known to be unlawfully present to the federal government, according to a legal opinion released Wednesday.
The DOJ’s Office of Legal Counsel stated that states participating in two key welfare programs must require all state agencies to report illegal migrants to the Department of Homeland Security. This represents a significant change from a 1998 interpretation that limited reporting obligations to agencies administering the programs.
Previously, only agencies directly managing welfare funds were required to report illegal migrants. Other state agencies, such as colleges and motor vehicle departments, were not subject to this requirement. The administration says the shift will help enforce President Donald Trump’s crackdown on illegal immigration.
Deputy Assistant Attorney General Joshua Craddock said failure to comply could lead to serious consequences, including the loss of program funding. Since returning to the White House, President Trump has taken an aggressive stance on immigration enforcement, including deploying federal agents for raids and partnering with local law enforcement to locate suspected illegal migrants.
The policy change could face legal challenges. Democratic-led states have already sued to block the Department of Homeland Security from collecting personal information of welfare recipients. Courts have limited certain data-sharing efforts but have allowed some collection of information such as Medicaid data.
All 50 states and Washington, D.C., participate in reporting requirements for the Temporary Assistance for Needy Families and Supplemental Security Income programs. Federal grants for these programs total more than $16.5 billion and $60 billion annually, respectively. Illegal migrants are ineligible for both programs, the DOJ said.
Jon Ross Myers is the executive editor and publisher of the Mississippi News Network, Mississippi's largest digital only media company. He can be reached at editor@tippahnews.com
