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Original Date Announced
September 2, 2026The DOJ Office of Legal Counsel (OLC) issued an opinion that the "State" reporting provisions in Section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) require states to report to DHS whenever any state agency concludes someone is an undocumented immigrant. The OLC opinion reverses a 1998 OLC opinion on the same topic that found the statutory provision ambiguous and concluded that a "narrow" interpretation was the better one. The new opinion concludes that the statute lack ambiguity and imposes a more far-reaching reporting requirement.
Trump 2.0 [ID #2384]
2026.09.01 Reconsidering State Reporting Requirements in Section 404 of the PRWORAEffective Date
September 2, 2026Current Status
NoneOriginal Trump Policy Status
Status: ReportedTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: InteriorAgencies Affected: DOJAssociated or Derivative Policies
Pre Trump-Era Policies
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August 18, 1998
OLC opinion finding that "The better interpretation of the state reporting requirements in section 404 of the Personal Responsibility and Work Opportunity Reconciliation Act is that they apply only to those state agencies administering the particular federally funded program in question, not to all state agencies in a State that receives funds under the program."
1998.08.18 - DOJ Construction of State Reporting Requirements in Section 404 of the PRWORA
Documents
Trump-Era Policy Documents
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