A Nashville judge has stopped the state of Tennessee from reporting the immigration status of sick and disabled children — for now. The court has agreed to pause enforcement of a new state law that requires children to prove legal status before accessing life-saving care.
The measure is part of an immigration package crafted in coordination with the White House, requiring public programs to verify legal status. The change allows the state health department to share their status with immigration enforcement officials.
More than 400 families who rely on the state to cover their children’s medical procedures received letters this month notifying them of the change, effective July 1. The law only applies to people over the age of 18, and the legislation’s sponsor, Sen. Ed Jackson, R-Jackson, has said that he didn’t intend for it to apply to children.
A group of doctors filed a lawsuit Wednesday in Nashville Chancery Court, arguing that children could face irreparable harm or even death if their families choose not to enroll them in the Tennessee Children’s Special Services program over fears of deportation.
In granting plaintiffs a temporary restraining order, Judge Patricia Head Moska writes, “It appears to the Court that Plaintiffs will suffer immediate and irreparable injury, loss, or damage before Defendants can be heard in opposition to the motion.”
Moska has set an initial hearing for July 2.
The state could automatically appeal the court’s order under new powers the legislature granted Tennessee’s Attorney General. Those powers allowed AG Jonathan Skrmetti to delay a court hearing for a challenge to the state’s near total abortion ban in April.
‘Not a game’
Pediatrician Jill Obremskey said the state Children’s Special Services program helps sick and disabled kids at a crucial time in their lives, and losing access to care could be permanently debilitating.
“We talk about death as the ultimate suffering, but there’s nothing like watching a child suffer from intractable seizures or (a child who) just can’t live their life with significant intervention,” Obremskey said.
One mother immigrated to the U.S. from Honduras to treat her daughter’s cerebral palsy and epilepsy. Brenda said the program saved her daughter’s life through procedures she wouldn’t be able to afford on her own. WPLN News is only using Brenda’s first name because she fears deportation.
“The lives and the health of our children is not a game,” Brenda said through a translator.
Oklahoma also passed a similar law to Tennessee’s after conversations with the White House. So far, that state has not required a child’s legal status to be reported to immigration officials.
Update: This story was updated Thursday to reflect the recent court order.
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