Can You Be Deported for Medical Reasons? Here’s the Truth
Shawn Sedaghat, Esq.
Have you ever wondered if someone could be deported from the United States due to a medical condition? The idea may sound alarming, but it does happen, and it’s something that foreign nationals should be aware of. In this article, we will break down the truth behind deportation and removal for medical reasons (USA). and give you a clear understanding of how this process works, who is at risk, and what protections might be available.
Let’s dive into what happens when someone with a serious medical condition faces the possibility of deportation and what you can do to protect yourself or your loved ones.
What Is Medical Deportation?
Medical deportation refers to situations where immigrants, often undocumented, are deported or removed from the U.S. while receiving medical treatment. These deportations can occur when the immigration status of the individual is questioned, or if the medical care they are receiving becomes too costly for the hospital or care facility. Hospitals sometimes initiate these deportations—also known as medical repatriation—to avoid the financial burden of long-term care.
Unlike regular deportation proceedings initiated by the U.S. government through citizenship and immigration services, medical deportation is often done by private institutions like hospitals. This means it may not follow the same legal processes that would happen in traditional immigration cases.
Who Can Be Deported for Medical Reasons?
In the U.S., foreign nationals who are undocumented or have an unstable immigration status are at risk of medical deportation. This includes people who entered the country legally but overstayed their visas, as well as undocumented immigrants. The main reason hospitals resort to medical deportation is that there are gaps in the healthcare system that leave unauthorized immigrants without long-term coverage for expensive medical procedures.
For example, undocumented immigrants don’t qualify for federally funded health insurance programs, such as Medicaid or Medicare, and typically rely on emergency care under the Emergency Medical Treatment and Labor Act (EMTALA), which only guarantees short-term emergency care. But what happens after that?
Well, this is where things get tricky. If a patient needs prolonged or extensive medical care, but there’s no ability to pay, the hospital may decide to send the patient back to their home country where care may be less expensive. Unfortunately, the quality of care in their home country might not match what they receive in the U.S., which can lead to serious health issues or even death.
Consult an experienced immigration attorney if you or someone you know is facing potential deportation for medical reasons.
The Impact of Medical Deportation
The consequences of medical deportation are often devastating, not just for the person being deported, but also for their family. Here are some key impacts:
- Health Risks: Returning to a home country where adequate medical care isn’t available can result in deteriorating health, particularly for individuals with chronic conditions or disabilities. Many foreign nationals find that the treatments they were receiving in the U.S. are either unavailable or too expensive back home, putting their health at serious risk.
- Family Separation: Medical deportation can tear families apart, especially if the deported individual has U.S. citizen children or family members who rely on their presence and care. Family members may face emotional and financial hardship as a result.
- Legal Hurdles: For those facing deportation due to medical reasons, understanding their legal rights is critical. Many people don’t realize that there are protections, such as medical deferred action, which can allow them to remain in the U.S. while receiving necessary treatment.
What Is Medical Deferred Action?
Medical deferred action is a temporary relief from deportation granted to individuals facing extreme medical conditions. This status allows the person to remain in the U.S. while receiving critical medical treatment that is not available or accessible in their home country.
This form of deferred action doesn’t provide a pathway to permanent residency, but it can help individuals remain in the U.S. legally while they or their family member receive life-saving treatment.
How to Apply for Medical Deferred Action
If you or a family member requires medical care and is at risk of deportation, applying for medical deferred action could be an option. To apply, you’ll need to submit a request to U.S. Citizenship and Immigration Services (USCIS) explaining your medical condition, why the treatment is necessary, and why it cannot be received in your home country.
An experienced immigration attorney can guide you through the process of applying for deferred action and ensure that all documentation is in order. This process can be complex, and missing any important information could jeopardize your application.
Is Medical Deferred Action Guaranteed?
Unfortunately, medical deferred action is not guaranteed. It is a discretionary decision, meaning USCIS decides on a case-by-case basis whether to approve the request. Factors that could influence the decision include the severity of the medical condition, the availability of treatment in the person’s home country, and other humanitarian concerns.
If deferred action is denied, the individual could still be deported. However, there may be other legal avenues to explore, and this is where seeking legal counsel is crucial.
Consult an immigration lawyer to explore your options and ensure you have the best chance of success with your deferred action application.
U.S. Immigration Law and Medical Care
U.S. immigration law does not explicitly prohibit the deportation of individuals receiving medical care. However, there are some protections in place, and it’s important to understand how immigration law intersects with healthcare access.
For example, while EMTALA ensures that individuals are treated in emergency situations, it does not cover long-term or ongoing care. Once the emergency has passed, the hospital has no legal obligation to continue providing treatment to someone who cannot pay. This is where medical deportation often comes into play.
That said, under certain circumstances, an immigration judge may take a person’s health into account when deciding whether to issue a removal order. This is especially true in cases where deportation would cause extreme hardship due to a lack of adequate medical care in the individual’s home country.
Can Medical Conditions Stop Deportation?
In some cases, yes. If deporting an individual would result in a life-threatening situation due to the lack of medical treatment in their home country, they may be eligible for relief from deportation.
Here are a few common scenarios where medical conditions could halt deportation:
- Critical Health Conditions: Individuals with serious health conditions, such as terminal illnesses or severe disabilities, may be allowed to stay in the U.S. under certain immigration programs. The argument here is that deportation would place them at immediate risk due to the lack of treatment in their home country.
- Lack of Care in the Home Country: If the person can prove that their home country cannot provide the necessary care, they may be able to delay or prevent deportation.
- Family Dependence: If a family member in the U.S. (such as a spouse or child) relies on the person for care, the judge may take this into account when considering deportation.
In any case, it is critical to have legal representation during this process. Consult an experienced immigration attorney to discuss your options and create a plan that gives you the best chance to stay in the U.S. for your treatment.
Conclusion
Medical deportation is a serious issue that affects many foreign nationals in the U.S. who need long-term medical care. While the idea of being deported due to medical reasons is frightening, it’s important to understand that there are legal options available, such as medical deferred action, which can help you or your loved one stay in the country while receiving necessary treatment.
The best way to protect yourself or your family from medical deportation is to be informed and seek legal counsel. An experienced immigration attorney can help you navigate the complex world of immigration law and ensure that you or your loved one is not unfairly deported due to medical reasons.
FAQs
1. Can I be deported while receiving medical treatment?
Yes, it is possible to be deported while receiving medical care, especially if you are undocumented or have an unstable immigration status. However, options like medical deferred action may allow you to remain in the U.S. to receive necessary treatment.
2. What is medical deferred action?
Medical deferred action is a temporary relief from deportation for individuals with severe medical conditions. It allows the person to remain in the U.S. to receive critical medical care that may not be available in their home country.
3. How do I apply for medical deferred action?
To apply for medical deferred action, you must submit a request to U.S. Citizenship and Immigration Services (USCIS) detailing your medical condition, the treatment required, and why the care cannot be provided in your home country. It’s advisable to seek the help of an immigration lawyer for this process.
4. Can medical conditions prevent deportation?
In some cases, medical conditions can prevent deportation if the individual can prove that their life would be at risk without the necessary treatment, or if their home country cannot provide adequate medical care.
5. What should I do if I’m facing medical deportation?
If you or a loved one is facing medical deportation, consult with an experienced immigration attorney immediately. They can help you explore legal options and potentially file for medical deferred action to stop the deportation process.