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The Justice Department requires states to report illegal immigrants or lose federal funding for key public assistance programs.

The Justice Department issued a new legal opinion on Wednesday requiring states to report illegal immigrants to the Department of Homeland Security to maintain federal funding for the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs. These programs provide financial assistance to low-income households, senior citizens, and people with disabilities. Under the new interpretation, the reporting obligation applies to the entire state government rather than just the specific agencies administering the programs. This revision clarifies a 1998 opinion that previously only required the agencies in charge of the programs to share data. The administration announced that states will not face retroactive penalties for past reliance on the old interpretation, but all future funding will be subject to the new requirement. Assistant Attorney General T. Elliot Gaiser stated that Congress wrote the requirement plainly and that tax dollars intended for vulnerable Americans should reinforce border laws rather than encourage illegal entry. The new opinion also applies to some federal housing programs.

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