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Justice department orders US states to expand how they report undocumented immigrants

Justice department orders US states to expand how they report undocumented immigrants

Summary

The US Department of Justice has changed rules for states receiving federal aid programs like TANF and SSI, requiring them to report undocumented immigrants in all state agencies, not just specific welfare offices. This reverses a policy from 1998 and means states must now share more information about undocumented immigrants with the federal government.

Key Facts

  • The Department of Justice issued a new opinion on reporting undocumented immigrants.
  • States must report undocumented immigrants across all state government agencies if they receive federal aid for low-income programs like TANF and SSI.
  • This policy reverses a 1998 rule that limited reporting to the agencies directly running those programs.
  • The 1998 rule was found to be based on incorrect legal reasoning.
  • The new policy will not apply to past cases but only going forward.
  • States can choose to stop participating in these federal aid programs if they disagree with the new requirement.
  • The opinion lowers the standard of proof for when a state "knows" someone is undocumented, allowing use of available information instead of requiring formal legal confirmation.
  • Justice officials said the rule ensures taxpayer money helps legal residents and supports immigration laws.
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