Verified policy record

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

The U.S. Department of Justice's Office of Legal Counsel has issued a legal opinion. This opinion clarifies that all state agencies must report people they know are unlawfully present in the United States to the Department of Homeland Security. This applies to all state agencies, not just those that run Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) programmes. This clarification was issued on 2 September 2026. It restores the original meaning of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. It will apply to all states that take part in these federal welfare programmes from now on.

Jurisdiction

United States

Stage

Effective 2 Sept 2026

Published

2 Sept 2026

In force

2 Sept 2026

Category

Border Security

Official source

justice.gov