In historic shift, DOJ rules all states with federal welfare programs must report illegal immigrants

The Justice Department announced Wednesday that it has released a new legal opinion that clarifies state reporting requirements of illegal migrants who are enrolled in welfare programs, such as the Temporary Assistance for Needy Families.

The Justice Department's Office of Legal Counsel’s opinion withdraws a Clinton-era opinion that only required the welfare programs themselves to report undocumented migrants. The new one widens that to make it necessary for all states enrolled in TANF or the Supplemental Security Income program.

“Congress wrote this requirement plainly,” Assistant Attorney General T. Elliot Gaiser of the Justice Department’s Office of Legal Counsel said in a statement. “When a state chooses to participate in TANF, it accepts the obligation to report illegal aliens in the United States. 

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