Analysis of Corrupted PDF Data from U.S. Department of Justice Homepage
Current rules
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.
Overview
The U.S. Department of Justice's Office of Legal Counsel has withdrawn a 1998 interpretation of Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). The new opinion concludes that when a state participates in programmes covered by Section 404, the reporting obligation applies to all component agencies of that state, not only the state agency administering the relevant federal benefits programme. The affected reporting requirements concern people whom the state knows to be unlawfully present in the United States. The opinion therefore broadens the range of state agencies that may be required to report such individuals to the Department of Homeland Security, although DOJ says it is not creating a new statutory obligation. It is instead directing the Executive Branch to enforce what it considers the existing statutory requirement.
Explained simply
Imagine a company rule that says "the company must report certain information." The old interpretation treated that as meaning only the department directly responsible for the relevant programme had to report it. The new interpretation says "the company" means every department within the company, so the reporting responsibility can reach much more broadly across the organisation.
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