Ethical issues in the access to emergency care for undocumented immigrants

• Main Authors: Jay M. Brenner, Erik Blutinger, Brandon Ricke, Laura Vearrier, Nicholas H. Kluesner, John C. Moskop
• Format: Article
• Language: English
• Published: Wiley 2021-06-01
• Series: Journal of the American College of Emergency Physicians Open
• Subjects: duty to care; EMTALA; emergency medicine; ethics; rights; undocumented immigrants
• Online Access: https://doi.org/10.1002/emp2.12461

Abstract Patients who are undocumented immigrants (UIs) frequently present to emergency departments in the United States, especially in communities with large immigrant populations. Emergency physicians confront important ethical issues when providing care for these patients. This article examines those ethical issues and recommends best practices in emergency care for UIs. After a brief introduction and description of the UI population, the article proposes central principles of emergency medical ethics as a framework for emergency physician decisions and actions. It then considers the role of law and public policy in health care for UIs, including the Emergency Medical Treatment and Labor Act, the Patient Protection and Affordable Care Act, and current practices of the US Immigration and Customs Enforcement agency. The article concludes with discussion of the scope of emergency physician practice and with recommendations regarding best practices in ED care for UIs.