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53 Wake Forest L. Rev. 979

Sanctuary Clinics: Using the Patient-Physician Relationship to Discuss Immigration Policy as a Public Health Concern

Hailey Cleek

Tensions between the federal government and local “sanctuary cities” have risen throughout the Trump Administration.  While Immigration and Customs Enforcement still describes health care centers as “sensitive locations,” undocumented immigrants have demonstrated a cautious unwillingness to use health care services for which they may be eligible due to fear of deportation or other immigration-related consequences.  Such avoidance of health care services may lead to adverse results, such as worsening health care conditions or increased emergency medical spending.  While health care debates are often framed as an exclusively federal policy concern, health care policy consistently reflects collaboration between federal, state, and local efforts.  This Comment attempts to address why immigration should be treated as a public health issue.  It affirms the patient-physician relationship as a safeguard for protecting undocumented immigrants’ privacy when seeking health care.  Using analogies to the prosecution of pregnant women who use drugs and the criminalization of HIV status, this Comment illustrates the need to promote inclusive health care protections.  Although it is unlikely that such protections will emerge at the federal level during this Administration, there are numerous pathways local clinics may pursue to protect their undocumented immigrant populations.

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