On September 2, the Department of Justice’s (DOJ) Office of Legal Counsel revised an opinion made in 1998, now suggesting that states are obligated to report on illegal immigrants living there to the Department of Homeland Security, if they still wish to receive federal aid to low-income families via the Temporary Assistance for Needy Families and Supplemental Security Income programs.
This new burden is placed upon the whole state government, not just its agencies administering the federal aid.
It is very likely this measure will be challenged in court by several states. As Congress allocated the assistance money, the DOJ’s claim to be able to stymie its release to the states is questionable.
