The Department of Justice just ripped up a 28-year Clinton-era legal dodge that let sanctuary states hide illegal aliens from federal immigration authorities while collecting billions in welfare money meant for American families.
On Tuesday, the Justice Department’s Office of Legal Counsel (OLC) issued a formal opinion holding that when a state takes Temporary Assistance for Needy Families (TANF) or Supplemental Security Income (SSI) funds, the entire state government, not just the welfare office, must report to the Department of Homeland Security any person the state knows is not lawfully present in the United States.
That is not a new law. That is the 1996 welfare-reform statute Congress actually wrote. The Clinton Justice Department simply pretended it said something else.
“Congress wrote this requirement plainly,” said Assistant Attorney General T. Elliot Gaiser, who leads OLC. “When a state chooses to participate in TANF, it accepts the obligation to report illegal aliens in the United States. Tax dollars intended to help vulnerable Americans should not perversely encourage illegal entry into the United States, but rather should reinforce our laws and our borders.”
Deputy Assistant Attorney General Joshua Craddock, the author of the opinion, was even blunter: the new guidance “does not impose new obligations on states.” It “simply restores the original meaning of the statute Congress enacted.” States that take the money “must abide by federal law, and failure to comply may lead to serious consequences, including loss of program funding.”
All 50 states, the District of Columbia, and several U.S. territories take TANF and SSI. Federal TANF block grants alone exceed $16.4 billion a year.
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