This week, a Davidson County Chancery Court Judge issued a temporary injunction to prevent the Tennessee Department of Health from sharing the names of critically ill children who are in the country illegally and receiving healthcare to the state’s Centralized Immigration Enforcement Division. The Health Department issued letters to the families of patients in the Children’s Special Services program that as of June 30^th, any child in the country illegally and enrolled in CSS would be reported to CIED. CSS is a program established for low-income children with disabilities and ongoing medical needs like chemotherapy and congenital heart defects.

According to Tennessee Lookout reporter, Anita Wadhwani, who broke this story,

“…impacted patients include children who suffer from epilepsy, congenital heart disease requiring surgery, cerebral palsy, traumatic brain injury, and leukemia. They include kids on feeding tubes and ventilators, currently paid for by the program.”

The letters to the families of these sick children were prompted by legislation passed in the most recent legislative session. Public Chapter 1106 appears to require that the information of individuals “over the age of 18” who are in the country illegally and receiving public benefits be reported to CIED. However, later in the bill, the language is broader, and the Health Department has interpreted it to include children in the CSS.

Lawyers with the Tennessee Justice Center filed a lawsuit on behalf of three doctors caring for patients in the CSS program. The lawsuit alleges that:

·         The Health Department failed to promulgate rules as required by the legislation,

·         The action is in violation of the Maternal and Child Health Services program,

·         Public Chapter 1106 only applies to individuals 18 years and older, and

·         The action would harm the children by interrupting their treatment and potentially causing loss of life.

Chancellor Patricia Head Moskal issued the temporary restraining order shortly after the lawsuit was filed. Her ruling indicated that the plaintiffs would suffer irreparable harm before the state would have the opportunity to respond to the lawsuit. Moskal then set a hearing date for July 2^nd.

It is notable that Moskal was also the Chancellor who temporarily blocked the deployment of the National Guard to Memphis and ultimately ruled in favor of Shelby County. That decision was later overturned by the State Court of Appeals.

The Tennessee Lookout reports that Senator Ed Jackson, the sponsor of the legislation that precipitated the letter from the Health Department, is looking for a solution. Interestingly, the bill was co-sponsored in the Senate by Senator Todd Gardenhire, who is known to be softer than MAGA on immigration issues. Gardenhire opposed legislation that would have allowed schools to reject enrollment from students who were in the country illegally. An amended version of the bill would have required schools to verify the citizenship of every student. The bill ultimately failed to win enough support to pass. Gardenhire was a long-time advocate for legislation allowing children of undocumented immigrants to pay in-state tuition to attend Tennessee colleges.

Senator Jackson’s comments, combined with Senator Gardenhire’s history on issues pertaining to immigrant children, would seem to lend credence to the idea that the legislature’s intent with Public Chapter 1106 was that it applies only to immigrants 18 years and older. Those of us who believe children, especially sick ones, should not be at the center of the immigration debate can only pray that the courts see it the same way.