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Analysis of Corrupted PDF Data from U.S. Department of Justice Homepage

Under the new OLC interpretation, "State" encompasses all component agencies within a participating state. The mandatory reporting obligations in Section 404(b) and (c) therefore apply to all such agencies, rather than only the agencies administering the relevant federal benefits programme. A participating state must report to DHS a person whom the state knows to be not lawfully present in the United States. The interpretation applies to states participating in the relevant TANF and SSI arrangements and does not mean that every state or every state agency is automatically covered regardless of programme participation. The opinion is prospective. DOJ states that it does not retroactively change existing TANF or SSI funding agreements or permit federal agencies to claw back funding from states that previously complied with the government's 1998 interpretation. States may also reconsider their participation in TANF or SSI going forward. The opinion expressly states that it does not impose a new affirmative legal obligation. DOJ's position is that it is correcting the Executive Branch's previous underenforcement and enforcing an obligation that Congress already enacted in 1996.

Jurisdiction

United States

Category

Work & skilled workers

Recorded versions

0

Official source

justice.gov