Justice Department Orders US States to Expand How They Report Undocumented Immigrants

New DoJ opinion says entire state government has duty to report, not just agencies responsible for welfare programs

Justice Department Orders US States to Expand How They Report Undocumented Immigrants

TL;DR

  • The Justice Department has issued a new legal opinion requiring states to expand how they report undocumented immigrants.
  • This reverses a 1998 policy that limited reporting to the specific state agency administering a federal program.
  • Any state accepting federal money for low-income support schemes must now report undocumented immigrants statewide.
  • The opinion argues the previous interpretation was based on flawed legal reasoning.
  • States can withdraw from federal programs if they object to the new reporting requirement.
  • The new policy clarifies when a state can be considered to "know" someone is undocumented, lowering the bar from a formal legal finding.