Judge blocks Tennessee from reporting sick children to immigration authorities, for now

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NASHVILLE, Tenn. (AP) — A judge temporarily ordered the Tennessee Department of Health not to give immigration authorities information about roughly 400 seriously sick and disabled immigrant children who are enrolled in a healthcare assistance program.

The restraining order was issued Wednesday at the request of three Nashville doctors who treat some of those children and who sued after state officials sent letters to providers and immigrant families saying a new law required them to share identifying information for those on the program after the end of June.

The law was part of a group of bills that Tennessee Republicans introduced this year to support President Donald Trump’s immigration crackdown.

A spokesperson for the state attorney general's office said Thursday that it had no comment on the lawsuit and the complaint was under review. State officials have not replied to the complaint in court documents.

“This is an impossible choice for mothers, and it risks the lives and the dignity of these children,” said Michele Johnson, executive director of the Tennessee Justice Center, which filed the lawsuit on the doctors' behalf.

Johnson also said the center has been advising families that they should stay on the program while the issue is before the court. A hearing is set for July 2 in Nashville.

The Children's Special Services program, which is partially funded by federal funds and has been around for decades, covers medical costs for children in need who have serious medical conditions such as cancer, cerebral palsy, seizure diseases and diabetes.

The letters sent by the state told families that, based on their immigration status, they would be reported to the immigration division of the Tennessee Department of Safety if they continued to stay on the program.

The new law required government agencies to check the legal status of all residents before they can obtain public benefits and was among a slate of bills in recent years targeting immigrants' ability to work, get licenses and access free public education and other services.

“We’re going to do what we can to make sure that if you’re here illegally, we will have the data, we’ll have the transparency, and we’re not spending taxpayer dollars on you unless you’re in jail,” House Speaker Cameron Sexton said in January.

The doctors behind the lawsuit, all of whom work for Siloam Health clinics that serve uninsured and underserved patients, said in affidavits that some of their patients were afraid they be unable to get important medical care for their children.

One said some patients who received a letter are not in the country illegally but merely lived with families with “mixed status,” and they left the program or planned to to because of the threat to inform immigration officials.

The lawsuit argues that implementing the rule would prevent the doctors from caring for their patients.

“The harm will be irreparable if the court didn’t intervene,” Johnson said.