Our hospitals and healthcare facilities must remain a sanctuary where every patient feels safe seeking care. As healthcare professionals, our primary duty is to provide safe and compassionate care to all patients, regardless of their immigration status. If Immigration and Customs Enforcement (ICE) agents enter your facility or request access to a patient, it is critical to remain calm, and professional, and adhere to established hospital protocols while protecting patient rights and privacy. Here’s how to respond effectively:
Know Your Role
- Your role is to advocate for your patients, ensuring they receive the care they need while safeguarding their privacy and rights.
- Do not engage directly with ICE agents beyond directing them to the appropriate hospital authority.
Refer ICE Agents to the Appropriate Hospital Authority
- Direct ICE agents to your hospital’s Legal Counsel, Compliance Officer, or Security Department.
- Politely but firmly state: “I’m not authorized to provide information. Let me notify the appropriate person to assist you.”
- Do not provide any information about a patient’s location, status, or care without explicit authorization from the hospital’s legal or compliance team.
Verify Proper Documentation
- ICE agents must present a judicial warrant signed by a judge to access private hospital areas or patient information.
- A detainer request or administrative warrant issued by ICE does not authorize access to private areas or confidential information.
- Notify your hospital’s legal team immediately if a warrant is presented.
Safeguard Patient Confidentiality
- Under HIPAA regulations, patient health information (PHI) cannot be disclosed without patient consent or a court order (except in rare circumstances).
- Do not discuss a patient’s immigration status, health, or identifying details in the presence of ICE agents or unauthorized individuals.
Prioritize Patient Safety
- Ensure the patient’s care is not delayed or interrupted due to the presence of ICE agents.
- If a patient expresses fear or concern for their safety, notify your supervisor, social worker, or hospital security immediately.
Document the Incident
Record the following details as soon as possible:
- Date, time, and location of the encounter.
- Names of ICE agents and any documents they presented.
- Actions taken and individuals involved.
Share this information with your supervisor and your hospital’s legal or compliance team. FILE AN ADO!
Familiarize Yourself with Policies
- Review your hospital’s policies on interactions with law enforcement and ICE agents.
- If no policies exist, work with your local union and hospital leadership to develop clear guidelines to ensure staff and patient safety.
Support and Reassure Your Patients
- Let your patients know their safety and care are your top priorities.
- Be empathetic, nonjudgmental, and proactive in addressing their concerns.
- If needed, connect patients with social workers, legal resources, or advocacy organizations.
Key Reminders
- Do not allow ICE agents to enter patient care areas without proper authorization. Immediately call security with any concerns.
- Do not disclose patient information, including immigration status, unless legally required.
- When in doubt, immediately contact your supervisor, legal counsel, or the designated hospital authority for guidance.
- By staying informed, following protocols, and advocating for your patients, you can help maintain a safe and supportive healthcare environment for everyone.
Additional details, resources, and training opportunities will be shared as they become available. Let’s continue to uphold our shared commitment to ensuring healthcare settings are a safe healing refuge for everyone.