US Justice Department expands states' duty to report undocumented immigrants
The US Department of Justice has reversed a nearly 30-year-old policy, now requiring states receiving federal welfare funding to report undocumented immigrants across their entire government rather than just through the relevant benefits office.
The US Department of Justice's Office of Legal Counsel issued an opinion on Tuesday overturning a long-standing rule on how states must report undocumented immigrants to the federal government. The new opinion replaces a 1998 interpretation from the Clinton era that limited reporting obligations to the specific state agency administering a given federal program.
Under the revised guidance, any state accepting federal money for programs such as Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) must now report undocumented immigrants across its entire state government structure. TANF and SSI rank among the largest US support programs, serving low-income families as well as elderly and disabled residents.
Prior interpretation called flawed
Deputy assistant attorney general Joshua Craddock, who wrote the opinion, said the earlier reading of the law rested on flawed legal reasoning. He also rejected the notion that Congress's decades of silence on the matter implied approval of the narrower interpretation, arguing that inaction does not change a statute's plain meaning.
Assistant attorney general T Elliot Gaiser defended the change, stating that participation in TANF carries with it an obligation to report undocumented immigrants, and that public funds meant to help vulnerable Americans should not inadvertently encourage illegal entry.
The new rule will not apply retroactively, since existing agreements were made under a different understanding of the reporting requirements. States uncomfortable with the new obligations may choose to withdraw from the programs instead.
The opinion also lowers the bar for when a state can be considered to have "known" about someone's undocumented status. Previously, a formal legal finding confirmed by immigration authorities was required. Craddock argued this standard was too strict, saying agencies cannot dodge their obligations by ignoring readily available information or demanding a formal adjudication the law does not actually require.
