The recent Immigration and Customs Enforcement (ICE) raid at an assisted living facility is a shocking display of cruelty—and it is an affront to human rights and an outright violation of legal protections.
Under the previous administration, guidelines existed to prevent ICE and Customs and Border Protection (CBP) from conducting enforcement actions in "sensitive locations" such as healthcare facilities, schools, and places of worship. These guidelines were essential in ensuring vulnerable individuals could access necessary care without fear of detention or deportation.
With the current administration's decision to rescind these protections, we are witnessing a return to dangerous and inhumane practices. ICE’s presence in healthcare facilities is disruptive and intimidating, deterring immigrants from seeking necessary medical care. This is not speculation—it has already happened before.
Under the Trump administration, ICE regularly disregarded the "sensitive locations" policy, resulting in the arrest of immigrant patients in hospitals and medical offices. This created a chilling effect in immigrant communities, with hospitals reporting a significant drop in patient visits and a corresponding increase in emergency cases that could have been prevented with earlier medical intervention.
The Reality of ICE Enforcement in Healthcare Settings
The recent case of an assisted living resident being taken into custody is a stark reminder of the cruelty of these policies. Long-term care residents, many of whom are elderly, disabled, or suffering from serious medical conditions, should not live in fear of immigration enforcement. These actions not only violate ethical and humanitarian principles but also raise serious legal concerns.
ICE agents may wear uniforms labeled “Police” or “Federal Agent,” creating further confusion and fear. However, healthcare providers and facility administrators must understand their legal rights and obligations when faced with these enforcement actions.
Legal Protections and Institutional Responsibilities
While ICE has the authority to enforce immigration laws, they are bound by legal processes, including the requirement to obtain judicial warrants before accessing private areas of a healthcare facility. Healthcare institutions and long-term care facilities must take proactive steps to protect their residents and staff:
Establish a Clear Policy – Every healthcare facility should have a formal policy on interactions with law enforcement, including ICE. Staff should be trained to refer all enforcement inquiries to designated representatives who understand immigration laws and patient rights.
Limit Cooperation Without a Judicial Warrant – Facilities are not legally obligated to provide patient information or allow access to private areas without a judicial warrant. Administrative warrants issued by ICE do not carry the same legal weight and do not require compliance.
Maintain Patient Privacy – Under HIPAA, healthcare providers are required to protect patient health information. Immigration status should not be recorded in electronic medical records unless absolutely necessary.
Prepare for Enforcement Actions – Healthcare facilities should conduct training and practice drills, similar to fire drills, to ensure staff are prepared for ICE encounters.
Document Everything – Any interactions with ICE should be documented in detail, including agent names, badge numbers, and any statements made.
The Human Cost of Inhumane Policies
The presence of ICE in long-term care facilities has devastating consequences. Many residents in these facilities already experience social isolation, health challenges, and limited access to legal resources. The fear of deportation only exacerbates these struggles, leading to increased stress and declining health outcomes. Furthermore, the ethical obligation of healthcare providers to "do no harm" is directly violated when patients are detained from the very facilities meant to care for them.
Call to Action
We must stand against these cruel and illegal enforcement actions. Long-term care facilities should refuse to comply with unjust policies and advocate for their residents' rights. We urge state governments, healthcare organizations, and advocacy groups to take a stand and push for reinstating and strengthening the "sensitive locations" policy.
Additionally, we need to hear from you. If you are aware of ICE or CBP enforcement actions in long-term care facilities, please report them to advocacy organizations so we can document and fight against these injustices.
For more information on legal rights and advocacy resources, please visit:
National Immigration Law Center: https://www.nilc.org/
Immigrant Defense Project: https://www.immigrantdefenseproject.org/
The Maryland Attorney General’s Guidance for Healthcare Providers on Immigration Enforcement Dear Advocates: https://www.marylandattorneygeneral.gov/News%20Documents/012825_25_Healthcare_Guidance.pdf
Together, we can resist these harmful policies and ensure that long-term care residents receive the dignity and protection they deserve.
Gray Panthers NYC stands with National Consumer Voice
Dear Advocates:
As you may know, the current administration rescinded the previous administration's guidelines that restricted Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in “sensitive” settings (e.g., healthcare facilities, schools, churches).
We recently learned of ICE enforcement action at a small, assisted living facility, resulting in a resident being taken into custody.
We are in the process of gathering more information and want to share some resources you may find helpful to residents in this situation.
Please let us know of any ICE or CBP actions in long-term care facilities and/or actions taken by your state.
Information about Rights and Other Resources
National Immigration Law Center - https://www.nilc.org/
Know Your Rights: What to Do if You Are Arrested or Detained by Immigration (in multiple languages)
Immigrant Defense Project - https://www.immigrantdefenseproject.org/
Know Your Rights with ICE (booklet, flyers, FAQs, infographics – in English and Spanish)
Helpline (referrals for free legal services, limited legal advice)
The Maryland Attorney General issued new guidance for Maryland Healthcare Providers regarding immigration enforcement activity.
Residents that witness enforcement actions may experience a trauma response. Please see this updated LTCOP reference guide regarding trauma-informed care. We'll share more information as we hear it.
Best regards,
Lori Smetanka, The National Consumer Voice