Tennessee Halts Reporting Practices Impacting Immigrant Children’s Healthcare
The Tennessee Department of Health has decided to suspend its practice of reporting sick and disabled children to the state’s Immigration Enforcement Division. This decision follows ongoing legal challenges related to the policy, as detailed in an order filed on Tuesday in Davidson County Court of Chancery.
Currently, about 400 immigrant children are enrolled in Children’s Special Services, a publicly funded program designed to support medically vulnerable children. This outcome stems from a settlement reached between lawyers contesting the immigration reporting policy and state attorneys.
Michelle Johnson, executive director of the Tennessee Justice Center, emphasized the importance of the agreement, stating it provides essential protections for families. “They should never have to choose between their child’s health care and the fear of immigration enforcement,” she remarked.
The Tennessee Justice Center is representing three physicians who are challenging the Department of Health’s policy in court. As the case unfolds, Johnson expressed relief that parents can be assured their children’s health will not be jeopardized by immigration concerns.
Earlier in June, the Department notified 400 immigrant families that their children would be reported to Central Tennessee Immigration Enforcement as a requirement for continued care within the program. This organization was established by Republican lawmakers last year to enhance collaboration between state and federal immigration enforcement agencies.
Among the 4,600 children enrolled in Children’s Special Services statewide, these 400 immigrant children represent a significant portion. The Interim Secretary of Health, John Dunn, referenced a recent Tennessee law mandating the reporting of individuals seeking or receiving public benefits without legal immigration status.
This notice to parents, public health officials, and health care providers clarified that eligibility for the program is limited to children who are medically fragile and require ongoing, potentially life-sustaining medical care. Children’s Special Services functions as a critical safety net for uninsured or underinsured children.
On June 24, three physicians with affected patients initiated a legal challenge against the health department’s policy. They contended that the health department misinterpreted the new state law, violated federally mandated funding rules for the program, and adopted policies contrary to the public interest.
Chief Justice Patricia Moskal temporarily blocked the implementation of the reporting policy on the same day the doctors filed their lawsuit. This initial injunction was extended for another week to allow both parties time to negotiate outside of court.
Tuesday’s order not only extends the preliminary injunction but also mandates that the Department of Health re-enroll children who exited the program due to the new policy. Furthermore, it requires the department to disregard requests from families wanting to withdraw from the program due to fears of immigration enforcement targeting their children.
The order stipulates that state health officials must send notifications to families, publish the order on the Children’s Special Services website, and inform health care providers about the developments.
