The Justice Department’s Office of Legal Counsel (OLC) released a 19‑page legal opinion Tuesday that expands the reporting duties of Texas state agencies under the Temporary Assistance for Needy Families (TANF) program. The opinion reverses a 28‑year‑old interpretation that limited reporting to only the agencies that directly administer TANF or Supplemental Security Income (SSI). Under the new guidance, the entire Texas state government – every department, commission and office that receives TANF funding – must report any illegal immigrant it knows is unlawfully present in the United States to the Department of Homeland Security (DHS).
What the opinion says
Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 requires states that choose to participate in TANF to report illegal immigrants. Assistant Attorney General T. Elliot Gaiser explained that when Texas opted into TANF, it accepted the obligation to report illegal immigrants. The OLC concluded that the word “State” in the statute refers to the sovereign entity of Texas and all its component agencies, not just the TANF‑administering body.
The opinion also clarifies the knowledge standard. A state agency may be deemed to have actual knowledge when any of the following occur: DHS notifies the state; an individual admits unlawful entry and cannot prove lawful status; immigration records show an expired or terminated status; or documents plainly indicate unlawful presence. Willful blindness – deliberately ignoring obvious signs – can also satisfy the knowledge requirement.
Scope and limits
The duty applies only to individuals the agency knows are unlawfully present. Lawful workers on H‑1B visas, foreign students and other valid visa holders are excluded. The opinion does not require state employees to investigate every person’s immigration status, but it does set a clear expectation that known illegal immigrants be reported.
Federal law already requires TANF reporting at least four times a year and whenever DHS requests it. Deputy Assistant Attorney General Joshua Craddock warned that failure to comply could result in “serious consequences, including loss of program funding.” Nationwide, federal TANF grants total more than $16.4 billion annually.
Implications for Texas
The opinion applies prospectively, meaning states will not be penalized for following the previous 1998 guidance. It does not specify which Texas office will coordinate statewide compliance, nor does it indicate whether Governor Greg Abbott will issue additional implementation guidance.
For Texas families who rely on TANF benefits, the new reporting requirement underscores the administration’s focus on ensuring that federal welfare dollars are not used to support individuals who are unlawfully present. Supporters argue that this protects the integrity of the program and safeguards taxpayer funds, while critics worry about the administrative burden on state agencies and potential impacts on vulnerable communities.
What’s next
State agencies are expected to review and revise their TANF and SSI grant agreements and compliance procedures to align with the OLC opinion. As the Trump administration continues to prioritize immigration enforcement and the protection of federal assistance programs, Texas officials will likely issue further guidance in the coming weeks.
Local leaders and community groups should monitor how the new reporting rules are implemented, especially as they affect families receiving assistance. Transparency and adherence to the law will be essential to maintaining public trust and ensuring that Texas’s welfare programs continue to serve those who are legally eligible.
Original reporting: The Dallas Express — read the source article.
