A new legal opinion dictates that all state agencies, in order to receive most forms of federal welfare funding, must report their knowledge of illegal aliens on those programs.
The opinion targets the Temporary Assistance for Needy Families and Supplemental Security Income programs, which are received by all states, the District of Columbia, and some U.S. territories.
The Temporary Assistance for Needy Families (TANF) program “is designed to help families with children experiencing low-income achieve economic security and stability,” while the Supplemental Security Income (SSI) “provides monthly payments to people with disabilities and older adults who have little or no income or resources.”
“When a state chooses to participate in TANF, it accepts the obligation to report illegal aliens in the United States,” said Assistant Attorney General T. Elliot Gaiser. “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.”
According to some reports, 59.4 percent of illegal immigrant households use one or more welfare programs in the United States. This is partially due to over half of all illegal immigrant households having at least one U.S.-born child, with about $1.43 billion—or 9.4 percent—of TANF funding going to U.S.-born children of illegal aliens in fiscal year 2022.
The U.S. Department of Justice announced last Wednesday that its Office of Legal Counsel (OLC) withdrew a Clinton-era opinion that gave a more narrow interpretation of the legal requirements for TANF and SSI funding.
The former interpretation required only state agencies facilitating the programs to report knowledge of illegal aliens to the U.S. Department of Homeland Security, while the new opinion broadens the requirement to all state agencies based on a 1996 congressional interpretation of the term “state.”
“Our clarification does not impose new obligations on states,” said OLC Deputy Assistant Attorney General Joshua Craddock. “It simply restores the original meaning of the statute Congress enacted and ensures that DHS receives the information it is legally entitled to. States that accept TANF funding must abide by federal law, and failure to comply may lead to serious consequences, including loss of program funding.”
Texas has the second-highest population of illegal aliens in the United States, with about 14.3 percent of the nation’s overall illegal population.
In 2023, Texas had 2.1 million illegal immigrants living within its borders, representing about 7 percent of the state’s total population and an increase of 450,000 since 2021.
The opinion comes as the DOJ continues cracking down on illegal entry schemes and smuggling operations.
A McAllen man was sentenced to 30 years in prison last week for participating in an illegal alien smuggling ring that involved juvenile recruitment, high-speed pursuits, and the deaths of a minor driver and two passengers.
The Department of Justice also recently announced the guilty plea of a Mexican national who allegedly used a “sophisticated tunnel” to smuggle aliens into El Paso. The man’s co-defendant previously pleaded guilty to conspiring to provide firearms to the Cartel de Jalisco Nueva Generación.
