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September 2, 2026

DOJ Issues New Guidance Requiring States to Report Undocumented Immigrants for Federal Funding

  • The DOJ's new legal interpretation mandates that all state agencies report undocumented immigrants to the Department of Homeland Security to retain federal funding for programs like TANF and SSI.
  • This requirement extends beyond welfare offices, affecting the entire state government, and stems from a reinterpretation of a 1998 opinion.
  • States will not face retroactive penalties for past compliance but must adhere to the new requirements moving forward, with potential legal challenges anticipated from some states.

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