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Immigration Medical Care

By Janice G. Inman

In a landmark holding released May 3, the U.S. Supreme Court held in Hui v. Castaneda, — S.Ct. —-, 2010 WL 1740524 (U.S.), that the Public Health Service Act (PHSA), 42 U.S.C.A. ' 233(a), precludes Bivens-type actions against U.S. Public Health Service (PHS) personnel for constitutional violations arising out of the performance of their official duties. A Bivens action is one seeking damages against a federal agent for violation of a constitutional right. See Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). Bivens held that such plaintiffs have a private right of action for damages against offending federal agents if: 1) no other federal remedy is available; and 2) Congress has not expressly restricted the right to recovery in the specific situation.

The Castaneda decision leaves the survivors of immigration detainee Francisco Castaneda without recourse against the medical providers who refused to offer him proper care. The claimants' sole available remedy has now been declared to be through a claim against the United States in accordance with the Federal Tort Claims Act (FTCA).

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