State Obligations in Reporting Illegal Immigrants for TANF and SSI Programs
States participating in the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs are obligated to report the presence of illegal immigrants to the Department of Homeland Security (DHS), as per a recent opinion from the Department of Justice’s Office of Legal Counsel (OLC). This requirement extends to all agencies within the state, not just those administering the programs. The participation of all 50 states, the District of Columbia, and various U.S. territories in these programs, totaling $16.4 billion annually, means that states considered sanctuary jurisdictions for illegal aliens will now have to disclose this information, potentially aiding Immigration and Customs Enforcement (ICE) in deportation efforts.
Assistant Attorney General T. Elliot Gaiser emphasized that states choosing to partake in TANF must fulfill the responsibility of reporting illegal aliens in the country. The OLC's opinion, authored by Deputy Assistant Attorney General Joshua Craddock, clarifies that there are no new obligations imposed on states but rather a restoration of the original statutory intent to ensure DHS receives the necessary information. Non-compliance could result in the loss of program funding, although retroactive penalties will not be enforced on states that relied on a previous, now withdrawn, interpretation from the Clinton administration.
The opinion overturns a 1998 interpretation that limited reporting obligations to state administering agencies, asserting that legislative inaction does not alter the statute's plain meaning. The move aligns with the Trump administration's broader efforts to combat welfare fraud, particularly among illegal immigrants and foreigners. By enforcing reporting requirements and withholding federal funding from non-compliant states, the administration aims to uphold the integrity of welfare programs for American citizens.