The U.S. Department of Justice announced Wednesday that states participating in the Temporary Assistance for Needy Families (TANF) program must report known illegal immigrants in the United States to federal authorities.
A new legal opinion from the Justice Department’s Office of Legal Counsel says the reporting obligation attaches to a participating state and applies across its state government, including component state agencies—not only the agency responsible for administering TANF.
The DOJ said the opinion clarifies its interpretation of the reporting requirements under the 1996 welfare-reform law and replaces a narrower interpretation issued in 1998.
Federal officials said states that choose to participate in TANF must comply with applicable federal reporting requirements. The department said failure to do so could result in consequences, including the potential loss of program funding.
The new interpretation applies prospectively, according to the DOJ, meaning states will not face retroactive penalties for actions taken under the previous guidance.
The announcement is likely to add to the national debate over immigration enforcement and information sharing among government agencies.
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