Recent changes in regarding U.S. immigration enforcement have created new challenges for health care providers who are committed to ensuring care for all patients. This guide does not constitute legal advice but offers essential information to navigate the evolving enforcement landscape while upholding your duties as a health care professional. As a health care provider, your primary responsibilities are to:
• Maintain trust with all patients, regardless of immigration status
• Understand your legal rights and obligations
• Know how to respond if immigration enforcement occurs in your facility
• Advocate for institutional policies that protect patient access to care
As a Health Care Worker, What Can You Do?
Despite these challenges, health care facilities still maintain legal protections that they can assert if confronted with warrantless enforcement actions. As a health care provider, you 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 health care workers’ responsibility is to maintain strong therapeutic relationships with your patients. This means clinicians have ethical obligations to prioritize preserving patient trust and confidentiality in all clinical interactions. Health care facilities provide services essential for the health, wellness, and safety of not only patients, but also for the whole community.
Proactively Reassure Patients
Clearly communicate that immigration status does not affect a patient’s right to receive medical care. For example: “We provide care regardless of immigration status” and “You have the right to remain silent if approached by immigration authorities.” Reinforce HIPAA and other privacy requirements.
Do Not Ask About Immigration Status Unless Required
As an ethical best practice, avoid asking for patients’ immigration status. If you must collect such information for a patient, ensure that information is secure and separate from medical records. If state laws require asking about status, inform patients they are not required to answer, using language like:
“I am required to ask you the following question about your presence in the United States. You do not have to answer this question.”
Monitor and Address Rumors in the Community
If false reports of immigration enforcement presence spread, issue accurate information to patients and local networks in a timely manner to reduce cancellations and fear. NYC Health + Hospitals had to do this on January 30, 2025 in response to misinformation circulating that they were handing information to ICE. Their statement, shared on social media, read: “We care about your health, not your immigration status. Despite misinformation on Instagram, NYC Health + Hospitals/Elmhurst is NOT reporting any person or patient seeking care to the police. All New Yorkers should seek care without fear.”
Share Know-Your-Rights Information
Display or distribute Know-Your-Rights Information to help ensure that patients understand their rights. Share how you are ensuring that ICE cannot enter private medical spaces without a judicial warrant. Make materials available in multiple languages relevant to your patient population.
Ensure Institutional Preparedness and Protections Against Immigration Enforcement
All health care facilities, including hospitals, clinics, mobile clinics, and community-facing health events, should have clear protocols for responding to immigration enforcement. Health care workers should advocate to their institutions to have clear policies in place. Hospitals should train staff to ensure that enforcement agents do not enter private spaces without verification from a designated staff member and a judicial warrant. Institutions should establish designated private areas where enforcement actions are restricted and develop clear response protocols for law enforcement requests. Institutions should also ensure all public-facing staff are trained on how to interact with immigration authorities and have access to the contact information for the designated administrator or legal team in case of enforcement encounters.
