The Trump administration has moved to require US states to provide information on undocumented immigrants or risk losing federal funding for two major public assistance programs, marking a new escalation in its immigration crackdown.
Assistant Attorney General T. However, the opinion applies only to future federal funding, and it remains unclear how the administration will enforce the new interpretation in practice.
Elliot Gaiser of the Office of Legal Counsel said the administration believes the reporting requirement follows directly from federal law. The Justice Department said states that participate in TANF accept an obligation to report undocumented immigrants to federal authorities.
Legal challenges expected
The move is likely to face legal challenges from states and immigration advocates who could argue that the federal government is improperly using federal welfare funding to obtain state-held immigration information. The latest action follows other efforts by the Trump administration to increase federal access to information held by states. The administration also threatened to withhold federal funding from states that did not comply. The latest Justice Department opinion adds TANF and SSI to the administration’s broader effort to link federal funding and state cooperation with its immigration enforcement priorities. The practical impact will depend on how states respond and whether courts intervene.
The US Department of Agriculture previously sought records from states concerning people potentially receiving food assistance.
