Department of Health agrees not to report undocumented families - Nashville Banner
The Metro Courthouse is home to the Davidson County Chancery Court. Credit:Martin B. Cherry / Nashville BannerFor the time being, the Tennessee Department of Health has agreed not toreport undocumented. . .
The Metro Courthouse is home to the Davidson County Chancery Court. Credit:Martin B. Cherry / Nashville BannerFor the time being, the Tennessee Department of Health has agreed not toreport undocumented familiesenrolled in a program for critically ill children to immigration enforcement. At the beginning of June,according to the Tennessee Lookout, about 400 families in the state’sChildren’s Special Services program— including 90 in Nashville — received letters from the department offering them a choice: disenroll by the end of the month or be reported to immigration authorities. The June letters citedPublic Chapter 1106, passed during the most recent legislative session, as justification. On Tuesday, in anagreed temporary injunctionin a case brought by three doctor plaintiffs at Siloam Health represented by the Tennessee Justice Center, the Department of Health agreed to the following conditions:To not report families in the program who are not “lawfully present” to Tennessee’s Centralized Immigration Enforcement Division, which coordinates directly with ICE. To restore enrollment and disregard requests to disenroll from families who received the letters. To annually recertify affected families in the program regardless of immigration status. To notify parents and medical providers of this injunction in each family’s primary language. Per another condition, the department already has posted information about the injunction and a copy of the filing on the program’s website. On June 24, the same day the case was filed in Davidson County Chancery Court, Chancellor Pat Moskal granted the plaintiffs a temporary restraining order. She canceled an injunction hearing after the two sides filed an agreed order stating they would discuss the terms of an injunction. Last Friday, the prior deadline set by the agreed order, the two sides agreed to extend the TRO until July 17 to reach terms. According to Katie Richards, President and CEO of Siloam, the CSS program serves children with a wide variety of serious medical needs, including muscular dystrophy, Type 1 Diabetes, cancer and seizure disorders. The program has existed for decades and runs through all 95 of Tennessee’s local health departments. Children under 21 whose families’ incomes are at or below 225 percent of the federal poverty level can qualify for the program. “We’ve seen children get access to coordinated specialty care that otherwise wouldn’t be possible,” she told theBanner. “And we mean children who are documented and undocumented. The Children’s Special Services program is something our state should feel incredibly proud of. We’re essentially saying we’re going to dedicate portions of our time and resources to healthcare for the most vulnerable in our state, and that is children with no other medical options. ”“This agreement provides vital protections for families who should never have been forced to choose between their child’s healthcare and the fear of immigration enforcement,” said Michele Johnson, TJC’s executive director, in a press release. “Children with complex medical needs deserve uninterrupted access to care. We are pleased that these parents can breathe a sigh of relief knowing that their children will be safe while this case moves forward. ”Per TJC’s press release, the injunction will remain in effect until a trial or until further order of the court. The case is stayed pending the resolution of a Petition for Declaratory Order that the plaintiffs filed directly with the Department of Health on June 22. Mikeie Honda Reiland is courts reporter for the Banner. A Nashville native, he’s written magazine features for the Oxford American, Bitter Southerner, SB Nation and Gravy, among other publications. He received a James Beard Media Award nomination for a 2023 story and has a master’s degree in narrative nonfiction from the University of Georgia. More by Mikeie Honda Reiland