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DOJ Mandates States Share Immigration Data to Protect Federal Funding
cnbc · 2026-09-02
The Department of Justice has issued a legal opinion requiring states to report undocumented immigrants to the DHS or face the loss of federal TANF and SSI grants.
What Happened
New Legal Interpretation: The Department of Justice has issued a revised legal opinion clarifying that states receiving federal funds must report undocumented individuals to the Department of Homeland Security. This update reverses a 1998 interpretation, asserting that the requirement applies to the entire state government rather than just specific agencies.
Funding Compliance Requirements: States participating in the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs are now bound by this mandate. Failure to comply with these information-sharing obligations could result in the loss of federal financial support for these vital social programs.
Scope and Implementation: The DOJ clarified that this policy applies proactively to future operations rather than retroactively to past enrollments. Officials emphasized that this move is intended to restore the original intent of the 1996 Personal Responsibility and Work Opportunity Reconciliation Act.
Economic and Political Context: With federal TANF grants exceeding $16.4 billion annually, the potential financial impact on state budgets is significant. The administration maintains that these measures are necessary to ensure that tax dollars support legal immigration processes and border security efforts.