Justice Department Clarifies States Must Report All Known Illegal Aliens to DHS Under Welfare Law

The Department of Justice's Office of Legal Counsel has issued a legal opinion clarifying that all state agencies, not just those administering benefits, must report individuals known to be not lawfully present in the United States to the Department of Homeland Security (DHS) if the state participates in the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs. This opinion withdraws a narrower 1998 interpretation and emphasizes that states accepting federal TANF funding are bound by federal law to share this information.