Don’t Deport DACA Health Care Workers
If the Supreme Court affirms the administration’s termination of DACA, thousands of vital health care workers could be deported.
By Bill Aseltyne, Beth Essig, Debra L. Zumwalt and Abbe R. Gluck
Mr. Aseltyne, Ms. Essig and Ms. Zumwalt are general counsels for health care systems. Ms. Gluck is a professor at Yale Law School and Yale School of Medicine.
· April 2, 2020
· https://www.nytimes.com/2020/04/02/opinion/trump-coronavirus-daca.html?
The Covid-19 pandemic is stretching our public health system to its limits and challenging our ability to meet the urgent and critical medical needs of the country as never before. As executives responsible for the legal affairs of major hospitals and lawyers working in Covid-19 hot spots, we know how crucial it is to have every available front-line medical worker fighting this pandemic.
But 29,000 of those workers are being threatened with deportation by the Trump administration. They have been protected by the Deferred Action for Childhood Arrivals program, under which undocumented immigrants who came to the United States as children can obtain protection against deportation and authorization to work in the United States. The Trump administration terminated that program, the Supreme Court is currently considering the lawfulness of that determination, and the court’s decision could come at any time.
New data from the Center for American Progress reveals that the DACA-recipient health care work force includes more than 6,000 diagnosing and treating practitioners, including respiratory therapists, physicians assistants and nurses; some 8,000 health aides, including nursing assistants and orderlies; more than 7,000 other health care support workers; and some 5,500 health technologists and technicians.
The Association of American Medical Colleges told the Supreme Court that nearly 200 physicians, medical students and residents depend on DACA for their ability to practice medicine and serve their communities. Those 200 trainees and physicians alone would care for hundreds of thousands of patients per year in normal times — the association estimates as many as 4,600 patients per year, per person. Under the demands of the Covid-19 pandemic, those numbers will be much higher.
The Center for Migration Studies found that 43,500 DACA recipients work in the health care and social-assistance industries, including more than 10,000 in hospitals.
If the Supreme Court upholds the decision to terminate DACA, nearly 700,000 people — including those health care workers — will lose their ability to work and live in the United States. The administration is preparing to deport DACA recipients and has repeatedly stated that it will do so if the Supreme Court gives it the green light, something that could happen as soon this coming Monday, April 6. There are many reasons for the Supreme Court to hold the administration’s decision invalid, and the pandemic confirms those flaws.
Even before the crisis, primary-care doctors, nurses and other health professionals were in short supply. The Association of American Medical Colleges and over 30 other groups told the Supreme Court last fall that our health care system relied on DACA health care providers.
That need is even more acute now. For example, as of last week, more than 300 workers in four of Boston’s biggest hospitals had tested positive for the coronavirus. As Covid-19 hospitalizations increase, health care professionals are increasingly likely to become ill. This is especially true because of the current national shortage of personal protective equipment in some health systems that puts health care workers at an even higher risk of infection.
Each health care worker who tests positive must self-quarantine for at least two weeks, further intensifying the current worker shortages. We have already seen the disastrous impact of provider shortages in Europe, particularly in hardest-hit Italy and Spain. Their experiences demonstrate that expanding provider capacity will be key to reducing Covid-19’s death toll.




