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U.S. Justice Department Clarifies States' Duty to Report Undocumented Individuals Under Welfare-Reform Law

🇺🇸 United StatesBorder Security1 recorded versionLast change 2 Sept 2026
ConfidenceVery high · 90%

Current rules

When a state chooses to participate in the Temporary Assistance for Needy Families (TANF) and the Supplemental Security Income (SSI) programmes, all agencies within that state — not only those that administer TANF or SSI benefits — must report individuals known to be not lawfully present in the United States to the Department of Homeland Security (DHS). The entire state government, including all component agencies, is bound by federal law to share this information.

Overview

The U.S. Department of Justice's Office of Legal Counsel has issued a legal opinion clarifying that all state agencies, not solely those administering Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) programmes, must report individuals known to be unlawfully present in the United States to the Department of Homeland Security. This clarification, issued on 2 September 2026, re-establishes the original statutory meaning of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and applies prospectively to all states participating in these federal welfare programmes.

Who is affected by the latest change

  • State governments that take part in TANF and SSI programmes
  • All state agencies within participating states
  • People known to be not lawfully present in the United States who interact with state agencies

What changed in the latest version

Before

An opinion from 1998, issued during the Clinton administration, set the previous rule. Under that rule, only state agencies that specifically managed Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) had to provide information. They had to tell federal immigration authorities about people they knew were not lawfully present in the United States.

After

If a state chooses to take part in the Temporary Assistance for Needy Families (TANF) and the Supplemental Security Income (SSI) programmes, a new rule applies. All agencies in that state must report people they know are not lawfully present in the United States to the Department of Homeland Security (DHS). This applies to all agencies, not just those that manage TANF or SSI benefits. Federal law means the entire state government, including all its agencies, must share this information.

This change significantly widens the reporting duties for state governments that take part in federal welfare programmes. State agencies that did not need to report immigration status information before, such as health departments or educational institutions, may now have new compliance requirements. If a state does not follow this clarified federal law, it could face serious problems. These could include losing federal programme funding for the state. This may mean that different state departments need to review their processes for collecting and sharing data. They will need to make sure they follow the wider reporting duty to the Department of Homeland Security.

Explained simply

Imagine if your local council got money from the government to help families. Before, only the specific council department that gave out that help had to tell the immigration authorities if they knew someone getting help wasn't legally allowed to be in the country. Now, the government has said that if the council takes that money, *every* part of the council — not just the department giving out money — has to share that information. It's like if your entire school, not just the lunch lady, had to know who was legally allowed to be there if the school received special federal funding.

Frequently asked

Version history

  1. v1Effective 2 Sept 2026EffectiveHigh impact
    U.S. Justice Department Clarifies States' Duty to Report Undocumented Individuals Under Welfare-Reform Law

    The US Department of Justice's Office of Legal Counsel has issued a legal opinion. This opinion says that all agencies in a state must report people they know are not lawfully present in the United States to the Department of Homeland Security (DHS). This rule applies to all state agencies, not just those that manage Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) benefits. This clarification starts on 1 September 2026. It reverses an earlier, narrower interpretation from 1998. It means that if a state accepts federal TANF or SSI funds, the entire state government must share this information. All 50 states, the District of Columbia, and several US territories take part in these programmes.

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