AUSTIN, Texas — Across from a charter school in East Austin, Gavino Fernandez with the El Concilio Mexican-American Landowners De East Austin reflects on the growth of his neighborhood.

What You Need To Know

  • Gov. Greg Abbott on Aug. 8 issued an executive order mandating that Texas public hospitals collect and report patients' immigration status

  • Abbott said the order was issued so that the state can seek reimbursement from the federal government

  • There is concern that immigrants will not seek health care due to fear of being deported

  • Legal experts, however, say that immigrants should continue to seek health care 

“All of this is nothing but wooden area,” he said.”

Now, the area is home to a large Hispanic community. Fernandez says some of his neighbors are scared following an executive order from Gov. Greg Abbott that mandates public hospitals must document and report patients' immigration status. 

“They're going to fear being reported or deported by declaring their status just to receive health care,” said Fernandez.

Abbott justified the order by writing “Texans should not have to shoulder the burden of financially supporting medical care for illegal immigrants.”

But records show the federal government covered a little more than two-thirds of the cost to reimburse hospitals for those who qualify for emergency Medicaid coverage with Texas picking up the rest. Texas is one of only 10 states that have not expanded Medicaid. Abbott remains concerned about Vice President Kamala Harris' immigration plan.

“Open border policies, giving free health care to illegal immigrants, the ideas and policies that Kamala Harris stands for would destroy the United States of America,” Abbott said. 

Some legal experts say that Abbott’s executive order violates HIPPA guidelines on patient health information. But if the order stays in place, immigration attorneys advise immigrants to continue to seek medical care.

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“Do not be concerned that your private health information is going to be shared on an individual basis with a government entity that is not permitted under law to the extent this is even allowed by law. If it is, they will be looking at aggregate data and numbers as opposed to individual health information,” said Austin-based immigration lawyer Kate Lincoln-Goldfinch.

The Texas Hospital Association said in a statement, “Hospitals don’t ask about patient immigration status as a condition of treatment. Hospitals are required by law to provide life-saving treatment to anyone, regardless of ability to pay or status.”

Under Abbott’s order, hospitals will be required to begin tracking data in November and produce a report in March of 2025.