Immigration Reform and Health Care: Leaving the Undocumented in the Breach – Lori Nessel

Lori Nessel
Seton Hall University School of Law

Any effort at comprehensive immigration reform must also address the health care needs of millions of immigrants with long-standing ties to this country. Absent such reform, immigrants needing ongoing medical care will remain vulnerable to the unethical practice of de facto deportation by hospitals, which is fueled by a lack of government reimbursement or oversight of international discharges.

In fact, a recent study from the Center for Social Justice and New York Lawyers for the Public Interest cites hundreds of cases of forced or coerced medical deportations. Acting alone or in concert with private transportation companies, as my colleagues and I report, hospitals are functioning as unauthorized immigration officers and engaging in de facto deportation of seriously ill or injured immigrant patients directly from their hospital beds to their native countries.

News Round Up In-Brief

U.S. News

• In a New York Times letter to the editor, Wayne Cornelius argued that no further border enforcement will play a role in deterring potential migrants to the U.S., aiming to nullify claims that “border security” is required prior to immigration reform. A NYT op-ed by Michael Dear addressed the harms to both people and the environment already being caused by the border wall.

News Round Up In-Brief

U.S. News

• As conversation about immigration reform continues in Washington, Republicans and Democrats, including President Obama, generally agree that undocumented immigrants granted provisional legal status should not be granted access to Medicaid or insurance subsidies.  This viewpoint, however, may contrast with the majority of lawmakers’ constituents.
• Neither the Deferred Action for Childhood Arrivals (DACA) program nor the Affordable Care Act offer any possibility for undocumented immigrants or DACA approved youth to access subsidized health services.