Juan J. Mendoza, Esq., Attorney at Law
U.S. Immigration and Customs Enforcement (ICE) previously limited ICE agents from engaging in enforcement actions at “sensitive locations,” such as healthcare facilities, schools, and religious institutions, except for exigent circumstances. In January 2025, the White House administration rescinded these protections. What does that mean for medical practices?
U.S. laws require a police officer or ICE agent to have a warrant to enter and search a home or other location like a business or hospital. This does not apply to public areas such as a waiting room.
Should ICE arrive at your facility, it might be prudent to let ICE conduct their search, while requesting a copy of their warrant. If agents provide one, submit it to your attorney for review. It could be dangerous to resist or prevent ICE from entering, because one can be arrested by ICE for obstruction of justice.
In most cases, ICE would be searching for someone with a prior criminal record and a removal order. Once ICE arrests the person, he or she will be deported within a few days. If a person is arrested at a hospital, the hospital should contact the person’s family to inform them of what happened so the family can contact an immigration attorney and determine if there are any options to keep the person in the United States.
As far I can recall, I have not read of ICE entering a hospital or clinic to arrest an individual in the past. However, being prepared can help you, your staff, and your patients in the future should it occur. Discuss with your attorney the best plan of action to ensure cooperation while maintaining your obligations to protect patient privacy.
Juan J. Mendoza, Esq. represents individuals in the areas of family, civil litigation, bankruptcy, criminal, and immigration law. juanmendoza.net/en/home