Tennessee Department Of Health Agrees Not To Report Illegal Immigrants During Legal Challenge To New Law

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Tennessee Conservative News [By Olivia Lupia] –

As part of an ongoing lawsuit against a new Tennessee law which requires applicants for taxpayer-funded state benefits to provide proof of citizenship, the Tennessee Department of Health (DOH) has agreed not to report certain children to the state’s immigration enforcement division while the legal challenge continues, according to an order filed Tuesday in Davidson County Chancery Court.

Earlier this month, the court extended a restraining order preventing HB1710 from taking effect after neither side could come to an agreement and which was intended to remain in place until the court issues another order or a trial is held, though a trial date has not been scheduled. 

The suit was brought by the Tennessee Justice Center on behalf of three physicians challenging the new DOH policy requiring the department to report identifying information about some Children’s Special Services (CSS) participants whose citizenship status cannot be confirmed to the state’s immigration division. 

Now, a new agreed temporary injunction has been approved by the court, with the DOH agreeing 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 with ICE and other agencies.
• To restore enrollment and disregard requests to disenroll from families who received letters on July 1 telling them they will need to provide proof of citizenship. 
• To annually recertify affected families in the program regardless of immigration status.
• To notify parents and medical providers of the injunction in each family’s primary language and post information about the injunction and a copy of the filing on the department website.

The negotiated agreement, which does not appear to have very many concessions by the plaintiffs, will keep about 400 illegal immigrant children in the CSS program, which is a publicly funded safety net for “medically fragile” children, like those with disabilities or chronic illnesses. 

4,600 kids are enrolled in the CSS program statewide, meaning almost 9% of the program’s taxpayer-funded resources are being dedicated to those not legally present in the state instead of Tennessee children.

“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, executive director of the Tennessee Justice Center. 

Tuesday’s injunction extends the block of HB1710 for the foreseeable future, though the state maintains it is not admitting wrongdoing by agreeing to it, and the case is paused pending the resolution of a separate petition that the plaintiffs filed directly with the Department of Health on June 22.

About the Author: Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.