28 Aug What are the rights of immigrants against ICE in hospitals?
Regardless of immigration status, immigrants in hospitals have the constitutional right to remain silent and refuse searches. A hospital’s ability to protect an immigrant from Immigration and Customs Enforcement (ICE) depends on whether the immigrant is in a private area, like a patient room, or a public one, such as a lobby. In January 2025, a policy designating hospitals as “sensitive locations” where ICE was discouraged from taking enforcement actions was revoked, and ICE agents may now exercise greater discretion in these settings.
Your rights during an ICE encounter in a hospital
- You have the right to remain silent. You are not required to answer questions about your citizenship, where you were born, or your immigration status.
- You can refuse a search. You can decline a request to search your personal belongings.
- You can request to speak to a lawyer. You have the right to legal counsel during questioning.
- You can refuse to sign anything. Do not sign any immigration forms without consulting a lawyer.
- You should not run or lie to agents. Fleeing can give agents probable cause for an arrest, and lying can have serious consequences.
As President Donald Trump’s administration continues its crackdown on immigration, concerns about how medical facilities should deal with immigration enforcement agents are a growing concern among attorneys and advocates.
Immigration agents and law enforcement officers typically roll up to hospitals because someone they were detaining is suffering from a medical crisis. Protocols exist for these agents or officers when they’re handling a detainee or arrestee. But recent high-profile immigration cases are raising alarms about whether current guidelines are enough to protect hospital workers and the legal and privacy rights of patients.
For 15 days in July, U.S. Immigration and Customs Enforcement agents occupied Dignity Health’s Glendale Memorial Hospital. They were waiting for one patient, an immigrant from El Salvador, to be discharged for medical care following their detention. Agents stood behind reception desks in the lobby while demonstrators gathered outside the hospital protesting ICE’s presence.
Hospital officials said in a statement they can’t prohibit law enforcement from being in public areas. Though agents can’t roam around the facilities unchecked, the rules are murkier when they bring in someone who is in their custody.
State law and the HIPPA Privacy Rule also require hospitals to protect patients’ personal and health information. Some disclosures are required if law enforcement can prove lawful custody or provide an appropriate warrant — though administrative warrants from ICE do not require immediate access to information.
If you encountered a situation in the hospital of ICE it is important to ask for a warrant issued by a court to justify any arrest or search of the hospital or facilities.
Note: This is not a legal advice
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