DOJ Pressures States to Report Undocumented Immigrants
Immigration enforcement continues to change, and a recent action by the U.S. Department of Justice (DOJ) could increase the sharing of immigration-related information between state agencies and the federal government.
On September 2, 2026, the DOJ announced a new legal interpretation concerning states that receive federal funding for programs such as Temporary Assistance for Needy Families (TANF) and Supplemental Security Income (SSI). The DOJ says states participating in these programs have a broader responsibility to report individuals they know are unlawfully present in the United States to federal immigration authorities.
What Does This Mean?
Previously, the federal government’s interpretation generally focused on the state agencies responsible for administering certain federally funded benefits.
The DOJ has now withdrawn that earlier interpretation and taken the position that the reporting responsibility can extend across state government agencies, rather than being limited to the agencies administering those specific programs.
The DOJ has also warned that states that fail to comply with federal requirements could potentially face consequences involving their federal funding.
Does This Mean Every Undocumented Immigrant Will Automatically Be Reported?
No.
This does not mean that every undocumented immigrant who interacts with a state agency or immigration officer will automatically be reported to authorities.
The DOJ’s position concerns individuals whom a state agency knows are unlawfully present and have previous deportations. Whether an agency has that information, how the information is obtained, and what happens afterward depend on the specific circumstances and applicable laws.
The policy may also face legal challenges, so the situation could continue to develop. We strongly suggest to any individual that has a current case pending with USCIS to carry a copy of their receipts with them to show an officer (if applicable and stopped) that they have an active case.
Understanding the Difference Between a Pending Case and Legal Status
Many people are legally present in the United States while waiting for immigration benefits, including those with pending asylum applications, adjustment of status applications, U visas, VAWA petitions, TPS, or other immigration cases.
If you have a pending case with USCIS, it is a good idea to carry copies of your USCIS receipt notices and any other documents showing that your application is pending. These documents can help demonstrate that you are actively pursuing an immigration benefit.
However, having a pending application does not automatically mean that a person has lawful immigration status. In some situations, individuals with pending cases may still be considered undocumented under immigration law, even though they have an application pending with USCIS. Because every case is different, it is important to consult with an experienced immigration attorney to understand your specific status and rights.
What Should Immigrant Families Do?
The best response is to stay informed and understand your individual immigration status.
If you are concerned about recent immigration enforcement changes:
• Keep copies of your immigration applications and USCIS notices.
• Make sure you understand the status of any pending immigration case.
• Do not assume that a headline tells the entire story.
• Be cautious about relying on immigration information shared on social media.
• Speak with an experienced immigration attorney if you have concerns about your specific situation.
Stay Informed About Immigration Changes
Immigration policies and enforcement practices continue to evolve. This latest DOJ action is another example of the federal government’s efforts to increase cooperation and information sharing between state and federal agencies.
If you are unsure about your immigration status or are concerned about how recent enforcement policies could affect you or your family, contact an experienced immigration attorney to discuss your individual circumstances.
Delgado Law Firm, PLLC is committed to keeping our clients and community informed about important immigration developments.