Resources Provided for Potential Immigration Enforcement at Hospitals

For several years the Immigration and Customs Enforcement, or ICE, agency followed a policy under which it would not conduct enforcement actions near certain “sensitive areas” – such as hospitals, schools, and churches, unless there were exigent circumstances.

The Acting Secretary of the Department of Homeland Security on Jan. 21 issued a statement rescinding the policy regarding “sensitive areas.” Accordingly, though OHA believes it is unlikely for hospitals to be a target of significant immigration enforcement activity, it is possible that hospitals could find themselves dealing with ICE or other law enforcement officials at their facilities requesting access to patients or records.

The Greater New York Hospital Association created a couple of guidance documents for hospitals to consider if ICE shows up to conduct enforcement activity:

• Q&A on immigration enforcement for hospitals
• Fact sheet to be used as guidance by hospital personnel who are designated to interact with ICE if an agent shows up at the hospital

With GNYHA’s permission, OHA has reproduced these GNYHA documents as guidance for Ohio hospitals. Note that the documents are not intended to be legal advice to hospitals or establish an industry standard – they should be used as guidance and for informational purposes.

In addition, the American Hospital Association shared a document with exhibits from the National Immigration Law Center and other resources that may be used by hospitals to assist in their preparation for interaction with ICE in their facilities.