An Illogical Policy Protecting the Dignity of Undocumented Immigrants with Chronic Illness

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Author
Smith, Jaclyn M.
Subject
Washington and Lee University, Shepherd Poverty Program
Immigrants -- Government policy
Immigrants -- Legal status, laws, etc.
Immigrants -- Services for
Long-term care of the sick -- Government policy
Long-term care of the sick -- Costs
Chronic diseases -- Treatment
Emergency Medical Treatment and Active Labor Act (United States)
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Capstone; [FULL-TEXT FREELY AVAILABLE ONLINE] Jaclyn M. Smith is a member of the Class of 2011 of Washington and Lee University. This paper assesses the implications of imprecision in federal legislation concerning emergency medical treatment of undocumented immigrants and the obligation of the U.S. to facilitate extended treatment of illegal immigrants in the U.S. . . .
This paper begins with an overview of current U.S. regulation on undocumented immigrants' access to long-term care. Then, I explore the standard set forth in Greenery v. Hammon and its impact on three other court decisions. Ultimately, this paper argues for a change in policy that no longer focuses on emergency room care, but also recognizes the consequences of denying Medicaid coverage to those undocumented immigrants who are chronically ill. The main justifications for this argument are the moral significance of health and the justice that health protects. [From introductory section]