Full Breakdown
Tennessee Law Requires Reporting of Undocumented Children in Health Program
6/19/2026, 5:39:38 AM
New Law Mandates ICE Reporting for CSS Participants
In June 2026 Tennessee enacted a law requiring state agencies to report anyone receiving state-funded benefits, including the Children’s Special Services (CSS) program, to the ICE liaison. Families were told that enrollment after June 30 would trigger a report.
Background and Stakeholder Positions
CSS, a payer-of-last-resort for low-income children with disabilities, has operated since the 1930s using state funds and a federal block grant that does not require immigration checks. The law, drafted with input from adviser Stephen Miller, was promoted by Rep. Dennis Powers (who cited a $971 million cost) and Rep. Mark Cochran; opposition is led by Michele Johnson of the Tennessee Justice Center, legal director Brant Harrell, and public-health director Sanmi Areola.
Scope of Affected Children
- About 400 immigrant children receive CSS care statewide; roughly 90 families in Nashville have been notified.
- Approximately 100 children are enrolled in Davidson County.
- Four children have already withdrawn after the notice.
- Rep. Powers cited a $971 million cost to taxpayers.
Potential Health Impact
Disenrollment could halt chemotherapy, ventilator support, and surgeries for conditions such as cancer and cystic fibrosis, risking increased morbidity and mortality among vulnerable children.
Official Statements & Responses
Mark Cochran said the law “ensures Tennessee public benefits are reserved for those legally present … while fully upholding all federal mandates for emergency and lifesaving care.” Gov. Lee’s communications director Elizabeth Johnson said the state must administer CSS in line with federal requirements. Rep. Ed Jackson’s office argued the bill targets adults, not children, and that federal law still mandates emergency care. Health Commissioner John Dunn warned the state will share child information with ICE.
Criticism & Opposition
Michele Johnson warned that the policy could result in child deaths, citing families who have canceled surgeries, including a 10-year-old with spina bifida. Harrell called the directive a “misinterpretation of state and federal laws” that could cause “serious injury, suffering, and death.” Areola expressed personal dread about the policy’s consequences. The Tennessee Justice Center will file a civil suit, calling the law “illegal” and “immoral.”
On-the-Ground Reports
Walter, a 10-year-old from Honduras, lost his July surgery after the disenrollment notice, and his mother Gabriella fears deportation and loss of care.
Conflicting Reports & Gaps
Proponents say emergency care remains guaranteed; opponents argue the law will effectively deny critical, non-emergency treatment. The statute does not explicitly exempt children, and no audit has quantified the full impact.
Verbatim Quotes
- “Kids will die, kids will die.” — Michele Johnson, Executive Director, Tennessee Justice Center
- “We have a $971 million problem with illegals getting some type of benefits in the state of Tennessee,” — Rep. Dennis Powers, R-Jacksboro
- “The new law does not deport children receiving life-saving care or deny emergency medical care,” — Mark Cochran, R-Englewood
- “I personally shudder to think about the consequences of this.” — Sanmi Areola, Metro Public Health Department Director
What’s Next
The Tennessee Justice Center will file suit within weeks; families are urged to call Gov. Lee, and officials are reviewing documentation to possibly exempt affected children. Advocacy groups continue to monitor enrollment and seek federal clarification on emergency-care obligations.
