Q: What steps should long-term care providers take if ICE agents enter a facility asking about residents or family members who may be present?
A:In the last issue, I used this space to discuss steps providers should take in preparation for Immigrations and Customs Enforcement (ICE) actions targeted at facility employees or other staff.
Recently, a new guide was published by the Physicians for Human Rights and the National Immigration Law Center. It gives healthcare workers useful information on the current enforcement laws and regulations and seeks to inform them about their obligations to protect patient privacy and uphold ethical responsibilities.
For example, the guide notes healthcare providers “have both legal rights and ethical responsibilities to maintain spaces for your patients that are free from immigration enforcement within medical settings. Medical ethics underscore that healthcare workers’ responsibility is to maintain strong therapeutic relationships with your patients.”
With the administration’s implementation of its immigration agenda, all healthcare facilities should have clearly established policies for responding to enforcement action. Train staff on their responsibility to protect private spaces and keep enforcement agents from entering without a warrant. Facilities should consider whether there is a need for a designated area for any enforcement actions to take place in furtherance of its duty to protect patient privacy.
The substantial increase in enforcement and disregard for prior protections afforded to healthcare facilities as sensitive locations makes it imperative that facilities prioritize training and equipping staff to navigate these uncharted waters.
Finally, speak with an attorney with experience in immigration law as you craft facility-specific policies.
