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Are Illegal Immigrants Entitled to Health Care?

Are Illegal Immigrants Entitled to Health Care?

Are Illegal Immigrants Entitled to Health Care?

Introduction

Immigration is one of the most significant issues faced by many countries worldwide, especially the United States. The U.S. has emerged as one of the countries that attract a large number of immigrants. According to recent statistics, there are approximately 11 million undocumented immigrants in the country, with only 8 million of them being employed. One of the most controversial issues surrounding undocumented immigrants in the country is the question of whether or not they are entitled to health care. This article aims to explore the topic in depth, including current government policies regarding health care for undocumented immigrants.

Who are Illegal Immigrants?

Illegal immigrants are persons who reside in a foreign country without legal authorization. The number of undocumented immigrants in the United States has been steadily increasing, with the majority of them coming from Latin America. Most of these immigrants are people seeking economic opportunities that are not available in their home countries. Some of them are escaping political turmoil, war, or ethnic persecution. Irrespective of their reasons for coming to the U.S., undocumented immigrants face numerous challenges, including limited access to healthcare.

Health Care for Illegal Immigrants

The U.S. healthcare system is complicated, and the eligibility of illegal immigrants can vary depending on their state of residence. The Affordable Care Act (ACA) passed in 2010 guarantees access to medical coverage for all U.S. citizens and legal residents. However, undocumented immigrants are not considered legal residents of the United States and thus excluded from this policy.

The ACA contains provisions that limit access to health care for undocumented immigrants, including those with a legal status. For instance, Section 1312(f)(3) of the ACA prohibits undocumented immigrants from purchasing health insurance through the health insurance exchange, even if they pay for it with their money. Moreover, Section 1557 of the ACA prohibits discrimination based on race, color, or national origin. However, it does not explicitly prohibit discrimination based on immigration status.

Despite this, some states have chosen to extend health coverage to undocumented immigrants. California, Washington, and New York have implemented policies that enable undocumented immigrants to access state-funded health insurance. These policies aim to provide essential medical care and preventive services to undocumented immigrants, mostly focusing on emergency care in the absence of insurance. Additionally, some municipalities and counties have programs that allow undocumented immigrants to access healthcare services even in areas without universal coverage.

Furthermore, the Emergency Medical Treatment and Active Labor Act (EMTALA) guarantees emergency care for anyone who presents at an emergency room, regardless of their immigration status or the ability to afford care. The law obliges hospitals to stabilize and conduct an emergency medical evaluation and treatment to every individual, regardless of their insurance status. While EMTALA is an essential provision that ensures that everyone, including illegal immigrants, receives necessary medical care, it is not sufficient in ensuring access to comprehensive healthcare services.

Impact of Lack of Healthcare Coverage for Undocumented Immigrants

The lack of access to comprehensive healthcare has significant impacts on undocumented immigrants’ health and safety. Without access to preventive care, undocumented immigrants are more likely to suffer from acute illnesses, chronic diseases, and injuries. Undocumented immigrants are also more likely to transmit communicable diseases since many avoid seeking medical care due to fear of deportation.

Undocumented immigrants are also more susceptible to working in high-risk occupations that expose them to harsh living conditions, environmental toxins, and preventable work-related injuries. The work conditions also have adverse health effects, including mental health problems, respiratory diseases, musculoskeletal injuries, and other occupational health issues.

Furthermore, undocumented immigrant women may face difficulties in obtaining reproductive services due to cultural and language barriers. This often leads to serious health complications during pregnancy and childbirth. Lack of preventive care can cause extensive and costly health problems, resulting in reduced work productivity and societal costs.

Government Policies

The provision of healthcare to illegal immigrants is a complex issue that involves various interests and considerations. The U.S. government has had mixed responses to the issue, with some states providing health coverage to eligible illegal immigrants within their borders while others do not.

Currently, the U.S. government does not provide any federal benefits for undocumented immigrants. This means that undocumented immigrants cannot receive Medicaid, Children’s Health Insurance Program (CHIP), Medicare, or healthcare subsidies under the Affordable Care Act. People who apply for Medicaid or any other federally funded healthcare programs must demonstrate their legal status, and this excludes undocumented immigrants.

Additionally, the Trump administration made significant changes regarding healthcare benefits for undocumented immigrants. In 2019, the administration issued a rule that would prohibit immigrants from gaining legal status if they used public assistance programs, including Medicaid. The rule targeted immigrants who receive food stamps, housing vouchers, and other publicly-funded programs, implying that they could be denied a legal permanent residency or citizenship application if they used or were deemed likely to need such benefits in the future.

However, the Biden administration took steps to overturn this rule in July 2021. The administration proposed regulations rescinding the previous rule, which would restore the ability of millions of immigrants to access healthcare, nutrition, and housing assistance programs.

Conclusion

The issue of providing healthcare to undocumented immigrants remains a contentious issue in the United States. The lack of access to healthcare has significant impacts on undocumented immigrant’s health and wellbeing. While some states have chosen to extend health coverage to illegal immigrants, most states do not provide these services. The U.S. government has also had an inconsistent approach regarding healthcare benefits for undocumented immigrants, with some policy changes affecting access to publicly-funded healthcare programs. Improving healthcare benefits for undocumented immigrants would not only provide essential healthcare services but also reduce costs associated with healthcare complications. Therefore, it is important to acknowledge the need for equitable healthcare access to all residents, irrespective of their legal status.


The immigration debate continues to exist both between congressional officials, as well as amongst the American public. Immigration issues dealing with amnesty, deportation, and individual rights–predominately in regards to illegal Mexican immigrants–continue to confound law-makers. Compounded by the recent health care debate, public focus on tax-payer money, and the amount of resources allotted to emergency-care for illegal immigrants stirs up strong sentiment on both standpoints.
The immigration debate is one of the most controversial and heated political issues that has taken place over the past decade. Under the United States Constitution, the 14th Amendment
These statistics only facilitate the arguments taking place regarding the debates over the establishment of a national immigration policy. Although health care continues to receive repeated attention, the costs incurred by the treatment of children of illegal Mexican immigrants does not make up the majority of costs.
Conversely, the majority of health care costs associated with illegal immigration stem from emergency services for illegal immigrants that neither receive health insurance nor can afford medical treatment at cost. As a result, many advocates of immigrant rights use this exigency as a means to demand reform from the health care industry.