Tennessee families now face choice between lifesaving care for children and immigration reporting

Tennessee has passed a new law requiring local agencies to report the immigration status of everyone who receives public benefits to U.S. Immigration and Customs Enforcement (ICE). The law is now causing concern because it is expected to affect the highly sensitive Children’s Special Services program.

According to The Independent, the program has long been relied upon by low-income families to provide lifesaving healthcare for children who are severely ill or disabled. But with the new law set to take effect within a week, families without proper immigration documentation may have to choose between securing medical care for their children and risking being reported to ICE.

The prayer of last resort

For decades, the Children’s Special Services program has been considered one of the state’s proudest initiatives and has been viewed as one of the most effective safety nets for children with complex medical needs. The guiding principle has been that no child should suffer simply because their family cannot afford the care they require.

The program predates initiatives such as Medicaid by several decades. It was first established in 1935, and lawmakers across generations have pointed to its deep historical roots as evidence of the state’s values. It is often described by residents and elected officials alike as a “prayer of last resort.”

Whether it is diagnostic tools, wheelchairs, therapies, or surgeries, the program has served children through what the state describes as “highly efficient government spending.” However, according to the Tennessee Lookout, nonprofit organizations such as the Tennessee Justice Center argue that the new law directly conflicts with the program’s humanitarian mission.

The outlet reported that undocumented immigrant families whose children currently rely on ventilators, feeding tubes, or are undergoing chemotherapy have no immediate transition plan under the new requirements.

Nashville Metro Health Board member Dr. Morgan McDonald said, “I can’t overstate the impact we’re seeing.” She continued, “We’re seeing nurses scramble for ventilators, for feeding tubes, to try (to obtain) metabolic formula, to try to keep kids out of the hospital, to try to keep kids alive.”

One family is awaiting their asylum claim

One such parent, who chose to be identified only as Gabriella, is still awaiting a decision on her asylum claim. She has a 10-year-old child enrolled in the program who lives with autism, kidney disease, and spina bifida. Gabriella told the outlet that she has decided to withdraw from the program altogether. For asylum seekers, the reality is often that returning to their country of origin is not a viable option without assurances of safety.

Gabriella said, “We have no other choice. We have to take him from Children’s Special Services. Because I see in the news that they don’t care. I see them taking a mother with a baby.” She continued, “I don’t want to put the life of my children in their hands. I don’t want immigration to come to my house. I don’t want them to put us in detention. In detention (my son) wouldn’t get any care.”

Roughly 400 families reportedly received letters informing them that the upcoming law change could affect their participation in the program.