Medical Deportation Article

What is Medical Deportation?

It is the practice by private and public hospitals of discharging ill or injured undocumented immigrant patients, once stabilized, to medical facilities abroad, without any authorization by the government to carry out such deportations. 

Immigrants seeking assistance when sick or having a medical emergency, should know that hospitals are legally required to treat any patient until stabilized, with no regard for their immigration status or ability to cover hospital fees. Once stabilized, if a patient needs additional care and oversight, hospitals are required to have a discharge plan to send the patient to a facility for long-term care as needed to ensure the patient’s well-being. 

Several U.S. long-term care facilities, rehabilitation centers, and nursing homes are reluctant to accept immigrant patients because many are ineligible for public health insurance due to their immigration status and cannot pay for private health insurance. Hospitals have stepped in and come up with the term “Medical Repatriation,” where they transfer undocumented patients overseas to their home country, offsetting the cost of medical care, sometimes without the patient’s consent or the authority to do so.

Patients at risk of medical deportation should know the following:

• Hospitals need your informed consent (or your family members’ consent) to make any decisions concerning transferring you to another facility.  
• As an immigrant patient, you are entitled to receive due process and full compliance with current immigration laws and procedures, notwithstanding your legal (or illegal) status. Remember, hospitals are not authorized to act on behalf of the government when it comes to an individual’s immigration status, or lack thereof. 
• Medical deportation violates human rights, international, and domestic laws, and insurance companies, hospital financial offices, and administrators are not immigration judges.

Community groups and advocates can participate by raising awareness and creating response groups to assist vulnerable immigrants at risk of being discharged to facilities abroad. Many organizations are pushing the U.S. Department of Health and Human Services to track medical repatriations, have transparency and encourage Congress to comply with international human rights obligations. 

Prioritize your Health: Plan Ahead

• It is important to remember that your health comes first, and you should not let fears prevent you from seeking treatments.
• If you fear potential impacts, it is vital to have a communication plan with your family and friends nearby for the possible instance you have emergency needs.

• Be sure to keep the contact information of any local community groups and immigrant advocates if you, or your family members, need to reach out. 
• Stay informed at all times of your illness and treatment options. 
• Ask a family member or friend to be your caregiver and be in touch with the hospital’s administration and medical team.