Colorado is currently facing a lawsuit from the Department of Justice (DOJ) over its policy to offer in-state tuition to over 6,000 undocumented immigrants. During an appearance on ‘Fox & Friends Weekend,’ Governor Jared Polis defended the state’s authority to determine residency for tuition purposes. He highlighted that these students are not recipients of federal financial aid.
The conversation also touched on the rise of socialism and antisemitism within the Democratic Party. Meanwhile, the DOJ warned that states might forfeit billions in welfare funds if they fail to report undocumented immigrants to the federal government. This directive was detailed in a legal opinion released recently.
The Justice Department’s Office of Legal Counsel stated that states involved in two major welfare programs must ensure all state agencies report individuals known to be unlawfully present to the Department of Homeland Security (DHS).
This marked a policy reversal from a 1998 interpretation, which confined reporting obligations to agencies managing the welfare programs. Before, only those agencies administering program funds needed to report undocumented migrants. Other state entities, such as colleges or motor vehicle departments, were not bound by this requirement.
The DOJ has emphasized severe repercussions for non-compliance, including the potential loss of program funding. Deputy Assistant Attorney General Joshua Craddock reinforced this warning in a formal statement.
Since resuming office, President Donald Trump has intensified efforts against both legal and illegal immigration, deploying federal agents nationwide to conduct immigration enforcement. This strategy extends to alliances with state and local law enforcement, as well as external companies, to identify suspected unauthorized migrants.
Democrat-led states face increasing pressure from the administration, which has threatened federal funding cuts for those that resist cooperation with federal immigration authorities. The policy shift may spark legal battles, as these states have already initiated lawsuits to prevent DHS from obtaining personal details of beneficiaries under programs like Temporary Assistance for Needy Families (TANF).
Court rulings have sometimes restricted the administration’s attempts to mandate sharing migrant information with DHS. However, some legal decisions have permitted federal immigration authorities to access certain datasets, including Medicaid information.
All 50 states, along with Washington, D.C., adhere to reporting requirements linked to TANF and Supplemental Security Income (SSI). Federal TANF grants surpass $16.5 billion annually, while federal SSI benefits exceed $60 billion. Notably, undocumented migrants do not qualify for either program.
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