What you need to know if ICE agents come to your workplace

What happens if ICE comes to my workplace?

President Trump recently rescinded policies that had prevented ICE from conducting raids or arrests in “sensitive areas” including hospitals, churches, and schools. If ICE agents (whose uniforms often say “POLICE”) enter the healthcare facility in which you work, here is what you need to know to protect yourself, your patients, and your license.

Unless ICE (or any law enforcement officer) produces a subpoena, warrant, court order, or other legal document that is signed by a judge, you cannot lawfully provide them with any patient information without potentially violating HIPAA. You can demand to see any document that purportedly gives an agent rights to patient information. (If the document is not signed by a judge, is it not legally enforceable.) Regardless of whether the agent provides a document to you, you should escalate the matter up your chain of command to ensure that your employer is aware that ICE is in your facility, and your employer – not you – confirms whether or not the document is valid and signed by a judge.

Without a lawfully executed summons or warrant, you cannot confirm or deny to an ICE agent or any law enforcement officer whether an individual is a patient or waiting to be seen or admitted, and you cannot provide them with any patient information including protected health information (“PHI”) or medical record access. Nor can ICE agents lawfully interfere with medical treatment or perform an unreasonable search or seizure (pursuant to the Fourth Amendment of the U.S. Constitution). Without a lawfully executed summons or warrant, an ICE agent has no more access to the patient or their information than any member of the general public who enters your workplace. Again, escalate the matter up your chain of command to ensure that your employer is aware that ICE is in your facility, and your employer – not you – confirms whether or not the document is valid and signed by a judge.

However, even without a warrant, ICE agents can:

• Access any area open to the general public. (ICE agents are prohibited from entering secured access areas.)
• Ask questions of visitors or patients in public spaces. (Anyone can choose to engage in conversation with ICE or refuse to answer questions ).
• Be asked to leave the facility (trespassed) for any behavior that disrupts the safe and orderly operation of the healthcare facility, just as any member of the general public could be.

What if ICE starts questioning me about my immigration status?

Unless ICE has a subpoena or warrant signed by a judge regarding you, you can lawfully refuse to speak to them, and you can inform ICE that you choose not to answer questions, including providing your name. This is true regardless of your status – even if you are a citizen, green card holder, work visa holder, or other legal resident, you can choose not to answer. You can refuse to open the door to ICE, or provide any of your personal identification documents to them (of course, do not provide any false documents, and do not lie – that is illegal. Better to remain silent and provide no documents than to provide false documents).

What if ICE detains me?

If ICE detains you (refuses to let you leave) or takes you into custody, you have a right to speak to a lawyer. Even if you do not have a lawyer, you can inform the agents that you want to speak to one.