Justice Department Clarifies States' Obligation to Report Undocumented Immigrants Under Welfare Law

The Department of Justice's Office of Legal Counsel has issued a legal opinion clarifying that all state agencies participating in the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs must report individuals known to be unlawfully present in the United States to the Department of Homeland Security. This opinion, dated September 1, 2026, states that Congress broadly defined 'State' in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, binding the entire state government when federal funds are accepted.