Section 1 of SB 2322 amends Mississippi Code Section 63-1-35 to require that a driver's license "shall bear thereon a distinguishing number assigned to the licensee and the licensee's name, date of birth, **sex as assigned at birth**, residence address..." and specifies that "No change may be made to this designation, except for a correction of a scrivener's error" or in limited intersex/DSD circumstances. Other sections of SB 2322 address noncitizen driver's licenses and authorize law enforcement officers to issue a citation if they have probable cause to believe a person is unlawfully present, and to notify federal immigration authorities when they have reasonable suspicion that a person is unlawfully present. The bill text does **not** contain language requiring Mississippi agencies to report transgender people to ICE based on a mismatch between ID sex marker and sex assigned at birth; reporting provisions are tied to suspected unlawful presence, not to transgender status.

Section 63-1-9(3)(a) of SB 2322 states: "The department shall issue to every applicant for a driver’s license... with the appropriate legend and information... including the **sex assigned at birth of the licensee**." The bill further provides that a driver's license shall be issued only if the person "has presented documented proof that the applicant is a United States citizen or is legally present in the United States". In a separate subsection on recognition of out-of-state licenses, the bill states that law enforcement officers who encounter licenses that are not valid under the new criteria "**shall cooperate with federal immigration authorities, including the United States Immigration and Customs Enforcement**" regarding such drivers. The text does **not** state that Mississippi agencies must report people whose license sex marker differs from their sex assigned at birth; the cooperation requirement is tied to questions of lawful presence and license validity, not to transgender status.

The introduced 2024 Mississippi bill SB2753, titled "Dignity in Death Act," proposed that for the purposes of death certificates, the sex of a decedent would be recorded based on their sex assigned at birth and would not be changed based on gender identity. The text concerns vital records and post‑mortem documentation; it does not contain any provision requiring state agencies to report transgender people to U.S. Immigration and Customs Enforcement (ICE) over discrepancies between identification documents and sex assigned at birth.

The codified statute governing Mississippi driver’s licenses states that licenses must include certain identifying information, including an anatomical sex designation limited to male or female. The statute outlines what information appears on the license and how it is to be recorded, but it does **not** direct the Department of Public Safety or any other state agency to notify or cooperate with U.S. Immigration and Customs Enforcement (ICE) based on a person’s sex designation or any mismatch between documents.

ICE explains that under section 287(g) of the Immigration and Nationality Act, "ICE may enter into agreements with state and local law enforcement agencies, permitting designated officers to perform limited immigration law enforcement functions." These agreements focus on identifying and processing removable noncitizens who are arrested or convicted of certain offenses. The program description does **not** reference any requirement that state agencies report transgender people, or anyone else, solely because an identification document lists a sex different from sex assigned at birth.

Mississippi Code § 45-33-25 sets out duties of sex offenders to register and update certain identifying information, including name, address, and other data. The statute provides that offenders must report name changes and other identifying information to the Mississippi Department of Public Safety, but it does not include any requirement that state agencies report transgender individuals, or anyone whose documents differ from their sex assigned at birth, to U.S. Immigration and Customs Enforcement (ICE).

Mississippi Code § 45-1-3 describes the duties and powers of the Mississippi Department of Public Safety, including law enforcement, crime laboratories, and record keeping. The section authorizes cooperation with federal agencies generally, but it does not mandate that the department or other state agencies report transgender people to ICE based on the sex marker on their identification documents differing from sex assigned at birth.

Mississippi Code § 41-57-23 governs the amendment of birth certificates. It describes the conditions under which a birth certificate may be amended and the procedures the State Department of Health must follow. The statute does not impose any requirement that state agencies report individuals to U.S. Immigration and Customs Enforcement (ICE) when the sex listed on identification documents differs from the sex assigned at birth, nor does it single out transgender people for immigration reporting.

Mississippi Code Title 25, Chapter 9 contains general provisions for state agencies and state service. Section 25-9-103 defines categories of state employees and does not contain any requirement related to reporting transgender individuals or mismatched sex markers to federal immigration authorities. Across Title 25, which governs public officers and employees, there is no provision mandating that state agencies report people to ICE when their identification documents list a sex different from their sex assigned at birth.

Reuters examined a viral claim that a Mississippi law requires officials to report transgender people to U.S. Immigration and Customs Enforcement if the sex on their documents does not match their sex assigned at birth. The article states that the relevant bill "does not contain any provisions requiring state agencies or officials to notify ICE about transgender individuals" and that Mississippi legislative staff confirmed there is no such reporting requirement in state law.

The ACLU of Mississippi describes SB 2322 as a bill that "restricts driver's licenses based on immigration status and **requires that driver's licenses list sex assigned at birth**." It notes that the bill "authorizes law enforcement to issue citations and mandates reporting to federal immigration authorities when they suspect an individual is unlawfully present." The summary emphasizes that the immigration reporting requirements are triggered by suspicion of unlawful presence, not by a person being transgender: "This bill links traffic enforcement with immigration enforcement, increasing the likelihood that immigrants... will be referred to ICE," but it does not say that transgender people must be reported to ICE because of mismatched sex markers.

The Advocate reports that Mississippi lawmakers approved "a bill that would bar transgender people from changing the sex designation on new driver’s licenses except in narrow circumstances, embedding a new restriction into state law as part of a broader immigration-related measure." The article quotes the bill language: newly issued licenses must list "only a person’s **sex as assigned at birth**, effectively preventing most transgender residents from updating their documents to reflect their gender identity." The piece explains that the same bill "limits driver’s licenses to legal U.S. residents, creates special markers for noncitizens, and says Mississippi will not recognize licenses issued by other states to undocumented immigrants," but it does **not** state that Mississippi agencies are required to report transgender people to ICE because their documents show a sex different from sex assigned at birth.

Discussing Mississippi SB 2322, the article states that the bill "follows closely in the footsteps of Kansas’ recent attack on transgender people with SB 244, **barring trans people from obtaining drivers licenses that don’t match sex assigned at birth**." It further explains that the same bill "also included attacks on immigrant drivers who legally obtained licenses from out of state, **giving police the power to cite such immigrants for driving without a license and requiring them to report those drivers to ICE**." The described reporting requirement is tied to immigrant drivers whose out‑of‑state licenses are not recognized under the bill’s lawful‑presence provisions, not to transgender people as such.

The analysis of SB 2322 explains that the bill "requires that **all Mississippi driver's licenses reflect the holder's sex assigned at birth** and explicitly states that court orders recognizing a gender change 'shall have no effect' on license issuance." It also notes that SB 2322 "**invalidates out-of-state driver's licenses issued to individuals who it asserts could not prove lawful presence in the United States—meaning that some licenses that are legal in other states are no longer recognized in Mississippi. Officials who encounter such licenses, such as during police stops, are required to cooperate with ICE.**" The article frames the law as harmful to transgender people because they will be forced to carry IDs listing sex assigned at birth, but the only explicit ICE‑cooperation language discussed concerns non‑recognized out‑of‑state licenses and lawful presence, not a categorical reporting rule based on transgender status.

The pre‑SB 2322 version of Mississippi Code § 63‑1‑9 lists the information to be included on a driver’s license, such as "full name, date of birth, sex, residence address" and other identifying details. It specifies procedures for proving identity and lawful presence but does not contain any requirement for state officers to report individuals to ICE based on gender marker information or mismatches between gender identity and sex assigned at birth. Changes introduced by SB 2322 modify the definition of sex to mean sex assigned at birth and add stricter lawful‑presence verification, but the baseline statute does not connect sex marker information to immigration reporting obligations.

Mississippi Today reports that Gov. Tate Reeves signed SB 2322, writing that the law "requires that Mississippi driver’s licenses list a person’s sex as assigned at birth and makes it nearly impossible for transgender residents to change that marker." It also notes that the law "creates a separate class of licenses for noncitizens and requires law enforcement to notify federal immigration authorities if they have reasonable suspicion that a driver is in the country illegally." The article does not describe any provision that mandates reporting transgender people to ICE based on a discrepancy between their documented sex and their sex assigned at birth; instead, immigration reporting is linked to suspected unlawful presence.

As an example of when Mississippi statutes require information sharing with federal agencies, §45‑33‑31 provides that the state department of public safety "shall forward the information" from the sex offender registry to the FBI and other entities. This section illustrates that when Mississippi law requires mandatory reporting to federal authorities, it does so explicitly in the statute. There is no analogous statutory provision in the driver’s license or identity document statutes that mandates reporting transgender people to ICE when their documents list a sex different from sex assigned at birth.

The Mississippi state‑level guidance for transgender people’s documents explains that, as of November 1, 2021, "the Mississippi Driver Service Bureau will change the gender marker on a driver's license or state ID upon receipt of a completed Gender Designation Form" signed by an appropriate professional. It also notes that Mississippi Vital Records will issue an amended birth certificate with updated name and sex as a marginal notation. The page does not indicate that Mississippi agencies must or do report transgender applicants to ICE when they seek or hold IDs with updated sex markers; the focus is on procedural requirements for changes, not immigration reporting.

Across U.S. states, statutes that mandate cooperation with federal immigration authorities, such as requiring local officials to honor ICE detainers or share information, are typically codified explicitly in immigration‑related or law‑enforcement cooperation provisions. These laws usually refer broadly to determining a person’s immigration status, not to gender identity or mismatches between sex markers and sex assigned at birth, and no widely reported Mississippi statute has introduced a transgender‑specific ICE reporting duty.

This opinion piece discusses Kansas’ SB 244 and similar trends, noting that Kansas' law "immediately invalidates state-issued driver’s licenses, identification cards and birth certificates for holders whose gender marker does not match their sex assigned at birth" and allows penalties for driving with an invalid license. It warns that such laws "open the door to an even wider range of discriminatory policies." While the article references Mississippi as pursuing comparable restrictions on ID gender markers, it does not describe any Mississippi law that specifically orders state agencies to report transgender people to ICE based solely on mismatched sex or gender markers on documentation.