[ September 4, 2026 ]
They will be using reporting requirements on government programs.
The new standard put forward by the Justice depart is stated as such: when a state chooses to participate in the Temporary Assistance for Needy Families (TANF) and the Supplemental Security Income (SSI) programs, 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) (Justice).
In historic shift, DOJ rules all states with federal welfare programs must report illegal immigrants https://t.co/sisBPer2jk
— John Solomon (@jsolomonReports) September 3, 2026
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The Justice department has withdrawn a Clinton-era memorandum that did not require states to report who is receiving government assistance. Missouri Sen. Eric Schmitt (R) summarizes: Sanctuary cities just lost one of their favorite loopholes. States taking federal welfare money cannot order their police, DMVs, or others to hide known illegal aliens from DHS. Sanctuary jurisdictions must obey federal law or lose federal funding (Schmitt).
In historic shift, DOJ rules all states with federal welfare programs must report illegal immigrants
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.
By Misty Severi, Just The News, September 2, 2026:
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.
ADVERTISEMENT“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.
“Tax dollars intended to help vulnerable Americans should not perversely encourage illegal entry into the United States, but rather should reinforce our laws and our borders,” he added.
The department clarified that the new requirement will only affect states moving forward, and will not be retroactive.
All 50 states, Washington, D.C., and several U.S. territories currently participate in TANF and SSI. Federal TANF funding grants exceed $16.4 billion annually.
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