QUICK FACTS FOR YOUR OFFICE STAFF
INFORMATION REGARDING INTERACTING WITH IMMIGRATION AND CUSTOMS ENFORCEMENT IN YOUR MEDICAL OFFICE
OUR OFFICE STAFF ARE STEWARDS AND GUARDIANS OF PATIENT PRIVACY.
RELEASING PATIENT INFORMATION WITHOUT A JUDICIAL WARRANT IS A VIOLATION OF HIPAA, A LAW THAT ALL HEALTH CARE WORKS ARE BOUND TO FOLLOW
PUBLIC VS PRIVATE AREAS
Public
Public areas are those readily accessible to the public, such as waiting rooms, parking lots, or cafeterias. Please ensure all protected patient information is not in plain view and conversations are not in plain hearing of public areas.
Private
Private areas are office space and exam rooms. Law enforcement is allowed to go into public areas without a warrant. Law enforcement needs a Judicial Warrant signed by a Judge to enter private areas.
Please ensure signs clearly explain what is a public space and what is a private space.
WHAT TO DO IF IMMIGRATION OR OTHER LAW ENFORCEMENT COMES TO YOUR OFFICE
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ASK
Politely ask why they are here (Make sure this is not a patient for an appointment.)
GATHER
Gather their information including the name and badge number of all enforcement officers who are present, note how they are dressed or if they are armed, and make photocopies and any documents they have.
INFORM
Politely Inform enforcement officers that you are notifying your enforcement liaison about their arrival and that further steps will be directed to that liaison. Inform them that they do not have consent to enter any private areas until that liaison has arrived and reviewed any documents they have presented.
Politely inform enforcement officers about where they can wait until your liaison has arrived. This is either in a public location, or an area otherwise designated by your office beforehand.
Do not attempt to physically block ICE from entering. Please call your manager or liaison.
RECORD
If the officer is unwilling to follow the above requests, inform them that you do not consent to their actions and make a recording of their actions.
Remember that employees are not required to answer questions or provide information to immigration agents and are encouraged to defer questions to the enforcement liaison.
Remember that healthcare information does not need to include immigration status. It is best practice to exclude it.
Remember that healthcare providers should not be giving legal advice to patients, but rather make sure patients have access to information about their rights.
ALL PEOPLE HAVE RIGHTS
The right to remain silent. If you wish to exercise that right, say so out loud.
The right to refuse to consent to a search of yourself, your car or your home.
If you are not under arrest, you have the right to calmly leave.
The right to a lawyer if you are arrested. Ask for one immediately and exercise your right to remain silent until your lawyer is present.
Regardless of your immigration or citizenship status, you have constitutional rights.
The right to contact your consulate or have an officer inform the consulate of your arrest.
NOTE: The information in this document is not meant to provide legal advice or to substitute for the guidance, counsel or advice of legal counsel on any matters particular to a specific clinic. It is important that the clinic consult competent legal counsel to help determine when and to what extent the clinic is required to comply with administrative requests or whether a legal document has been properly issued. Also, please be aware that such designations do not guarantee that immigration officials will or must comply with those policies. In these circumstances the clinic would have the legal right to argue their case in court. In the case of a possible legal challenge, the health center should document as much factual information regarding what immigration agents did for the health center’s records.
