DOJ says states must share illegal-immigrant data or lose billions in welfare aid

The Justice Department issued an opinion stating that any state that accepts federal welfare assistance must forward names, addresses and other identifying details of individuals known to be unlawfully present in the United States to the Department of Homeland Security. The Office of Legal Counsel clarified that the requirement covers all state agencies involved in Temporary Assistance for Needy Families (TANF) and certain Supplemental Security Income agreements, extending beyond welfare offices to entities such as motor-vehicle departments and law-enforcement bodies.

Failure to comply could result in the loss of federal funding, which exceeds $16.4 billion each year. This opinion reverses a 1998 OLC interpretation that confined the reporting duty to agencies directly administering TANF or SSI, and broadens the definition of “knowing” to include information from DHS, self-admissions, or expired legal status. States must report at least four times per year and whenever DHS requests the data, but retroactive penalties will not be applied for following the prior guidance. The Trump administration has not yet detailed enforcement procedures, though further steps are expected.