Skip to main content
. 2020 Sep 15. Online ahead of print. doi: 10.1016/j.mnl.2020.08.002

Table 1.

US Laws and Regulations Discriminating Care of Unauthorized Children and Families

Year Law Description
1986 Emergency Medical Treatment & Labor Act (EMTALA)39
  • Ensures emergency care (assessment and treatment) regardless of ability to pay.

2009 Children’s Health Insurance Program Reauthorization Act (CHIPRA §214)40
  • Denies coverage of children who are undocumented or granted Deferred Action for Childhood Arrivals (DACA) (Dreamers).

  • Offers states an option to access Medicaid or Children’s Health Insurance Program (CHIP) funds for immigrant children lawfully residing in the United States during the 5-year waiting period for Medicaid/CHIP coverage. As of May 2018, 34 states cover care.

2010 Patient Protection and Affordable Care Act (ACA)41
  • Denies coverage of children who are undocumented. Allows undocumented parents to apply for coverage for a dependent child.

  • Does not require parent to disclose immigration status for application for the child.

  • Does not allow use of immigration status to be used by US Immigration and Customs Enforcement for immigration enforcement.