A judge has issued a temporary restraining order preventing the Tennessee Department of Health from reporting information about roughly 400 seriously sick and disabled immigrant children to immigration authorities. The order, issued Wednesday, came at the request of three Nashville doctors who treat these children and sued after state officials notified providers and families that a new law required them to share identifying information after June 30.
The law, part of a broader legislative effort by Tennessee Republicans to support federal immigration enforcement, mandates that government agencies verify the legal status of residents before they can receive public benefits. "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," said House Speaker Cameron Sexton in January.
The Children's Special Services program, which has been in existence for decades and receives partial federal funding, covers medical expenses for children with severe conditions such as cancer, cerebral palsy, seizure disorders, and diabetes.
Letters sent by the state informed families that, based on their immigration status, they would be reported to the Tennessee Department of Safety's immigration division if they remained enrolled in the program. Doctors associated with Siloam Health clinics, which serve uninsured and underserved patients, stated in affidavits that some of their patients feared losing essential medical care for their children. They also noted that some patients were not residing in the country illegally but had family members with mixed immigration statuses, leading them to withdraw or plan to withdraw from the program due to the threat of reporting.
The lawsuit, filed on behalf of the doctors by the Tennessee Justice Center, argues that enforcing the new rule would impede doctors' ability to care for their patients. "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. The center is advising families to remain in the program while the court considers the issue. A hearing is scheduled for July 2 in Nashville.
The state attorney general's office has not yet filed a response in court and stated that the complaint was under review. Officials declined to comment on the lawsuit.