The United States warned that it would cut welfare budgets for State Governments that do not hand over information on undocumented immigrants to the federal government. The move is seen as a plan to greatly expand the federal government's immigration enforcement net by requiring all State Government agencies—not just welfare departments but also state universities and motor vehicle departments—to report undocumented immigrant information they have identified.
According to Reuters, CNN and other foreign media on Feb. 2, the U.S. Department of Justice's Office of Legal Counsel (OLC) issued a legal opinion that State Governments receiving federal funds for two major welfare programs must provide information on undocumented immigrants in the United States to the Department of Homeland Security (DHS).
Previously, only the State Government agencies that directly run the respective welfare programs were required to report. But under this opinion, state universities that hold information on undocumented students or motor vehicle departments that issued driver's licenses to them could also be subject to reporting.
Joshua Craddock, acting Deputy Minister at the Ministry of Justice who signed the opinion, said, "Failure to comply with the regulations can result in serious consequences, including loss of program funding."
The welfare programs the Ministry of Justice cited as potentially subject to cuts are Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI). All 50 states, Washington, D.C., and many U.S. territories receive funding for the two programs. TANF grants paid by the federal government exceed $16.5 billion (22.4268 trillion won) annually, and SSI benefits exceed $60 billion (81.5160 trillion won). Under current law, undocumented immigrants are not eligible for either program.
The U.S. Department of Justice determined that existing regulations established in 1998 interpreted too narrowly the scope of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. It explained that the term "state" in the law does not refer only to specific welfare agencies but includes all agencies under State Governments.
The Trump administration is expected to use undocumented immigrant information held by State Governments for immigration enforcement through this measure. Currently, at least 19 states and Washington, D.C., allow immigrants without lawful status to obtain driver's licenses. Many state universities also allow the admission of undocumented students.
Elliot Gaiser, head of the Office of Legal Counsel at the Ministry of Justice, said, "When a State Government decides to participate in TANF, it accepts the obligation to report undocumented immigrants," adding, "Taxes used to help vulnerable Americans must not be misused to encourage illegal entry."
Since taking office in Jan. last year, President Trump has carried out a sweeping crackdown targeting both legal and illegal immigration. The administration has deployed immigration enforcement officers to major cities and expanded cooperation with state and local law enforcement and private companies to track immigration law violators. Attempts have also continued to penalize State Governments that do not cooperate with the federal government's immigration enforcement.
However, this measure is likely to face lawsuits from State Governments led by Democrats. Some State Governments have already filed suit seeking to prevent the Department of Homeland Security from accessing the personal information of TANF recipients. Courts have also put the brakes on some Trump administration measures that required providing immigrant information to the Department of Homeland Security.