As the Trump administration ramps up mass deportations, the presence of Immigration and Customs Enforcement (ICE) agents has become more common at hospitals.
“One thing is for sure. Places that were off limits before for Border Patrol agents or ICE agents are no longer off limits,” certified immigration specialist Lilia Velasquez said.
Velasquez has dealt with a wide range of immigration cases, but there’s one that is hard for her to forget.
“I’ve had a case where the person was diabetic, was doing dialysis, but had no medical insurance, and he had an order of deportation,” Velasquez said. “They went to the hospital, and they wanted to disconnect them from the dialysis machine, saying, ‘We’re going to deport you right now.’ I had to go speak with the agents and say, ‘You cannot do that. Don’t you have a heart? This person is going to die. You cannot unplug him.'”
Hospitals are the latest location where ICE agents have attempted to carry out immigration detentions.
“I’m not aware of that situation happening yet, but it’s important for hospital personnel to understand what the limits are of what agents can and can’t do when they enter a hospital,” immigration advocate Pedro Rios said.
According to the California Hospital Association, California and federal health information privacy laws prohibit hospitals, doctors and other health providers from disclosing patient information to ICE officers, unless the patient signs a form authorizing the release of information or the officer provides a valid subpoena or judicial warrant signed by a judge.
Rios said patients with a precarious immigration status have the right to request that their personal information remains private, but there is still a level of risk involved.
“One way that federal agents may go around that is if they know that the person they are looking for is at the hospital is they could obtain a judicial warrant that would allow them then access to a hospital room where the person they are looking for is currently at,” Rios said.
In a statement to NBC 7, Sharp Health said in part, “Existing California laws protect all individuals’ rights to access medical care, regardless of their immigration status, and Sharp Staff are trained in policies relevant to law enforcement interactions within our facilities.”
Velasquez said fear often discourages migrants from seeking care, but she says nothing is more important than their health and wellbeing.
“A person should not die because they’re afraid to go to the clinic, or to see the doctor, or to the emergency room,” Velasquez said.
The California Hospital Association said a statement to NBC 7, in part, “There is a special trust between patients and health care providers, and no one should ever be afraid to seek care for themselves or their loved ones because they fear being deported.”