What to do if ICE comes to your clinic (October 2020)

U.S. Immigration and Customs Enforcement (ICE) is a federal agency that was created in 2003 within the Department of Homeland Security, with an annual budget of $8 billion, and threatens the health and safety of our patients and families. As health care providers, it is important to understand the myriad ways ICE and the immigration system at large has negatively impacted the health of immigrant families. The threat of increased federal immigration enforcement by ICE has affected immigrant families, who may decide to forego necessary medical services out of fear that they could be putting themselves and their family members at risk of deportation or imprisonment. As ICE raids continue to occur at  healthcare facilities nationwide, we as healthcare providers need to be prepared.  

Quick outline of procedures in the event of an ICE raid at our facility: 

If any situations involving ICE agents occur: 

  • Immediately notify your site supervisor.
  • Tell ICE agents, “I do not wish to speak with you or answer your questions based on my 4th Amendment rights under the U.S. Constitution” or  
  • I do not have the authority to consent; please wait outside our patient care area while I contact my supervisor.” Repeat these statements until further direction from your supervisor. 
  • Calmly direct all patients and families into “private clinical areas” and out of “public spaces” such as waiting areas. Shut the door and do not allow agents to enter.
  • Private clinical areas are legally protected spaces.  
  • Observe. Write down the badge # of officer. Document details of interaction objectively. Designate someone to record video footage. 
  • Cover any EMR or paper documents that are in "plain view." 
  • Without a warrant, anything in play view can be visually inspected. Audible information can be used if overheard with "unassisted" ears. Officers may not move an object in plain view to expose more of what is underneath it. 
  • You are not required to speak with ICE agents, cooperate with the agents, help agents find the person they are looking for, or answer agents’ questions, in most cases.  

Note: if ICE agents have a warrant/ subpoena: 

Federal/ judicial warrants (uncommon): with 

  • Valid judicial warrant, ICE can conduct any search as authorized, including HIPPA protected information. 
  • Administrative warrants: You do NOT need to comply; You CANNOT be punished for refusing to comply. HIPPA applies in these scenarios. 

Subpoena: You do NOT need to comply; You CANNOT be punished for refusing to comply. 

  • HIPPA applies in these scenarios. 
  • Alert a local Rapid Response Hotline immediately, as they can come serve as support and guidance on-site and provide resources to families: 

San Francisco: SFILEN Rapid Response Network : (415) 200-1548 

Alameda County: (510) 241-4011 

CA, Statewide: 1-844-878-7801 

Nationwide (United We Dream): 1-844-363-1423 

 

Here are two fantastic tip sheets for healthcare providers’ on protecting your rights and your patients’ rights in the event of an ICE raid at your healthcare facility:  

  1. By the American Civil Liberties Union (ACLU)  

  1. By the National Immigration Law Center (NILC) 

 

If you are at ZSFG, please see Dr. Eleanor Chung's recent email on SFDPH ICE guidelines and updates.  

Policy can be found here: https://www.sfdph.org/dph/files/PoliciesProcedures/COM10-Immigration_Status_and_Interactions_with_ICE_Agents_Policy_Oct-1-2020_A.pdf 

In the works:  

  • ICE raid drills for frontline staff 
  • More didactics at Immigrant Health noon conferences