Use of Law by US States During the COVID-19 Pandemic With Respect to People Who Were Undocumented

Abstract

Objectives. To systematically identify and analyze US state-level legislation concerning people who were undocumented during the COVID-19 pandemic, from January 2020 through August 2021. Methods. Using standard public health law research methods, we searched Westlaw’s online database between November 2021 and January 2022 to identify legislation addressing COVID-19 and people who were undocumented. We abstracted relevant information, analyzed the data, and identified primary themes for each bill and resolution. Results. Sixty-six bills and resolutions, from 13 states, met the inclusion criteria. Legislation addressed 5 primary themes: eligibility and access to health-related services (n = 16), health and personal information (n = 10), housing assistance (n = 13), job security and employment benefits (n = 14), and monetary assistance (n = 13). Conclusions. Approximately one quarter of state legislatures introduced bills or resolutions regarding people who were undocumented and COVID-19. State-level laws are an important tool to mitigate the disproportionate impact of public health emergencies on vulnerable groups. Public Health Implications. As states shift attention away from the exigencies of COVID-19, this research provides insight into how law might be used to protect those who are undocumented throughout the full cycle of future public health emergencies. (Am J Public Health. 2022;112(12):1757–1764. https://doi.org/10.2105/AJPH.2022.307090)