DOJ legal opinion expanded welfare-reporting mandate to all state agencies, tying future TANF/SSI funding to reporting immigrants to DHS
On September 2, 2026, the U.S. Department of Justice's Office of Legal Counsel issued a legal opinion, authored by Deputy Assistant Attorney General Joshua Craddock, concluding that all state agencies -- not only those administering welfare benefits -- must report individuals a state believes are unlawfully present to the Department of Homeland Security as a condition of continued Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI) funding. The opinion reverses a narrower 1998 OLC interpretation that limited the reporting duty to the specific agencies administering those programs; DOJ said states will not lose funding already disbursed but risk losing future TANF and SSI dollars if they do not comply.
