Tennessee Doctors Challenge Reporting Requirement on Immigrant Children
Three physicians in Tennessee have initiated a lawsuit against the state’s Department of Health regarding a policy that requires sharing information about sick and disabled immigrant children with the state’s Immigration Enforcement Division. This measure is purportedly aimed at maintaining access to public health care programs.
Filed in Davidson County Court of Chancery on Wednesday, the lawsuit seeks a restraining order and an injunction to halt the reporting of these children’s immigration statuses while the case is in process. This action underscores the potential implications of the new rule on vulnerable populations.
Represented by the Tennessee Justice Center, a nonprofit legal advocacy organization, the doctors assert that the health department’s reporting requirement misinterprets state law and conflicts with federal regulations. They argue that it contradicts the interests of public health, especially for families who may withdraw from necessary medical care to avoid risking their children’s immigration status.
The physicians warn that if immediate action is not taken, many medically vulnerable patients could face life-threatening consequences as families may choose to opt out of healthcare services rather than exposing themselves to the risk of immigration detention.
According to the lawsuit, the state’s new requirements may force families to decide between necessary medical care and the fear of immigration investigation, which poses the risk of detention or deportation, thereby further complicating a child’s access to vital health services.
Earlier this month, the Tennessee Department of Health informed families of approximately 400 children enrolled in the Children’s Special Services Program of this new law, stating that their information would be submitted to immigration authorities after June 30. This program, crucial for uninsured or underinsured low-income children with disabilities, currently serves over 4,600 children in Tennessee.
The interim director of the department, John Dunn, highlighted in a letter to families that the new law, Public Law 1106, mandates reporting for all patients who are not legally present in the U.S. This transmission of sensitive information is poised to create significant barriers to healthcare accessibility for immigrant families.
The lawsuit contends that the health department has misapplied the recent legislation, which targets the reporting of those under 18 seeking state or federal public benefits. It claims that the law’s language broadly stipulates that all state and local agencies are required to report individuals who are not legally present, with penalties for failing to comply.
Compounding the issue, concerns have been raised regarding the potential overreach of state authorities and the lack of a proper rule-making process before the notification to families. It also emphasizes that many parents of these chronically ill children are lawfully present in the U.S., challenging the foundational justifications for such reporting requirements.
The complaint has drawn attention to the types of children affected, including those with serious medical conditions such as epilepsy, congenital heart defects, and leukemia. Healthcare professionals are apprehensive about the devastating impact that these policy shifts could have on the wellbeing and medical treatment of vulnerable populations in Tennessee.
