The Trump administration has moved to require US states to provide information on undocumented immigrants or risk losing federal funding for two major public assistance programs, marking a new escalation in its immigration crackdown.
The Justice Department issued a revised legal opinion on Wednesday stating that states participating in the Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) programs must report people who are illegally present in the United States to the Department of Homeland Security, CNN reported.
All states participate in TANF and SSI.
The opinion from the Justice Department’s Office of Legal Counsel expands on a 1998 Clinton-era interpretation, which limited the reporting obligation to state agencies directly administering the two programs. Under the new interpretation, the requirement applies to all agencies within a state.
What the new rule means for states
TANF provides cash assistance and other support to low-income households, while SSI provides monthly payments to low-income senior citizens and people with disabilities.
Assistant Attorney General T. Elliot Gaiser of the Office of Legal Counsel said the administration believes the reporting requirement follows directly from federal law.
The Justice Department said states that participate in TANF accept an obligation to report undocumented immigrants to federal authorities.
The revised opinion also says some federal housing programs are subject to similar reporting requirements.
However, the opinion applies only to future federal funding, and it remains unclear how the administration will enforce the new interpretation in practice.
Legal challenges expected
The move is likely to face legal challenges from states and immigration advocates who could argue that the federal government is improperly using federal welfare funding to obtain state-held immigration information.
The latest action follows other efforts by the Trump administration to increase federal access to information held by states.
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The US Department of Agriculture previously sought records from states concerning people potentially receiving food assistance. The administration also threatened to withhold federal funding from states that did not comply.
Those efforts were challenged in court. A coalition of Democratic-led states obtained a preliminary injunction blocking the USDA from imposing new conditions on federal funding for food and nutrition programs.
Undocumented immigrants are not eligible for federal food assistance through the Supplemental Nutrition Assistance Program, or SNAP.
The latest Justice Department opinion adds TANF and SSI to the administration’s broader effort to link federal funding and state cooperation with its immigration enforcement priorities. The practical impact will depend on how states respond and whether courts intervene.
