The deaths of two immigrant children in the custody of the U.S. government has reignited discussions about health conditions for children who come here seeking protection. These deaths are symptomatic of the government’s unwillingness to adopt a rights-based approach to the health and well-being of immigrant children in its care. Recent policies and practices demonstrate the government’s unwillingness to adhere to domestic law or adopt international standards related to the health and safety of immigrant children.

Both domestic and international law have standards regarding the health care of immigrant children. The 1994 Flores settlement agreement establishes standard conditions for children in government custody, many of which are related to children’s health. The 2008 Trafficking Victims Protection Reauthorization Act codifies specific safeguards to ensure children’s rights. And the Convention on the Rights of the Child recognizes not only the importance of a child’s bests interests, including health, but also a child’s rights to the highest attainable standard of health and access to health care services.

This presentation will examine immigrant children’s rights to health and safety under domestic and international law. It will then explain the various governmental bodies that are responsible for the care of immigrant children, and how children’s health needs are often addressed as a privilege, rather than a right. The presentation will end by recommending actions that experts in public health and human rights can take to ensure that the U.S. government protects the health, safety, and well-being of immigrant children in its care.