DOJ: All State Agencies Must Report Undocumented People to DHS
Every state agency in the country may now be required to report undocumented immigrants to federal authorities — not just welfare offices. The Department of Justice issued that legal opinion on September 1, 2026, reversing a nearly 30-year-old interpretation. For millions of undocumented people, routine contact with any state office just became riskier.
The Department of Justice issued a legal opinion on September 1, 2026, saying that every agency within a state government must report people known to be undocumented to the Department of Homeland Security (DHS). This applies to all 50 states, Washington D.C., and several U.S. territories — because all of them participate in TANF (Temporary Assistance for Needy Families), a federal welfare program that receives more than $16.4 billion in federal funding each year.
What changed — and why it matters
Until now, states followed a 1998 Clinton-era legal interpretation that limited the reporting duty to the specific agencies that hand out TANF or SSI (Supplemental Security Income) benefits. The new DOJ opinion withdraws that 1998 guidance and replaces it with a broader reading: when a state accepts TANF money, the entire state government — every department, every office — is legally required to share information about undocumented individuals with DHS. Assistant Attorney General T. Elliot Gaiser said the requirement was written plainly by Congress and that the new opinion simply restores its original meaning.
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The opinion is based on how Congress defined the word "State" in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Because that definition is broad, the DOJ says it covers all component agencies of a state government, not just welfare offices. Deputy Assistant Attorney General Joshua Craddock, who authored the opinion, said states that fail to comply could face serious consequences, including loss of TANF program funding. Importantly, the opinion applies going forward only — states will not face penalties for following the old 1998 interpretation in the past.
In practice, this means a much wider range of state employees — from health department workers to motor vehicle clerks — could now be required to flag undocumented individuals to federal immigration authorities. For immigrants without legal status, routine contact with any state agency carries new risk. This is a significant shift in how immigration enforcement information flows from state governments to DHS.
What to do
- If you are undocumented, talk to an immigration lawyer before interacting with any state agency — even for services unrelated to immigration. Lawyers recommend understanding what information a state office may be required to share.
- Ask an attorney whether your state has issued any guidance to its agencies about this new DOJ opinion and how it plans to comply.
- If you are in removal proceedings (the formal process where a judge decides whether you can stay in the US), tell your attorney about any recent contact you have had with state agencies.
- Follow updates from your state government and trusted immigration organizations — federal agencies may update TANF grant agreements in the coming months to reflect this new standard.
What to do, step by step — see our guide “Appealing to the BIA”.
Fishkin Law Firm, New York
This opinion dramatically expands the universe of state employees who may be obligated to report undocumented individuals to DHS — it is no longer limited to TANF or SSI caseworkers. If you are undocumented and need to interact with any state agency, you have no federal right to refuse to provide identifying information in most administrative contexts, so the risk of a report to DHS is real. Until your state issues clear compliance guidance, treat every state agency interaction as potentially reportable and speak with an immigration attorney before you go.
Frequently Asked Questions
Does this mean a state DMV or health clinic must report me to immigration authorities?
Under the new DOJ opinion, yes — any state agency that learns you are undocumented could be required to report that information to DHS. The opinion covers all agencies within a state government, not just welfare offices. How quickly each state updates its procedures will vary.
Will states be punished for what they did before this opinion came out?
No. The DOJ opinion applies going forward only. States will not face retroactive penalties for following the old 1998 interpretation. But going forward, failure to comply could mean losing TANF federal funding.
I receive TANF benefits. Does this opinion affect my case?
The opinion is about reporting obligations for state agencies, not about who qualifies for benefits. However, if a state agency learns you are undocumented through the application or renewal process, it may now be required to report that to DHS. Talk to an immigration lawyer about your specific situation.
What if my state refuses to follow this new DOJ opinion?
States that do not comply risk losing their TANF funding, which exceeds $16.4 billion nationally each year. The DOJ says federal agencies may also update TANF grant agreements to require compliance. Whether a state chooses to challenge the opinion legally is a separate question — watch for announcements from your state government.