Local hospitals are bracing for the impact of President Donald Trump’s new executive order authorizing unbridled immigration enforcement in their facilities.
On Monday, the Trump administration rescinded an Obama-era policy that deterred immigration raids in schools, hospitals, houses of worship, public demonstrations and other so-called “sensitive locations.” In response, Greater New York Hospital Association, a powerful trade group representing roughly 280 hospitals and health systems in the northeast, issued guidance to its members informing them of their rights and suggesting protocols for dealing with the new federal enforcement regime.
The guidance lists the criteria for when hospitals must comply with an agent from Immigration and Customs Enforcement, the main entity tasked with enforcement and deportation orders, and when they do not.
“They may use persuasion and even intimidation at times,” the guidance, obtained by Crain’s, reads. “When dealing with any law enforcement agent, it is important to be professional and calm.
The five-page memo encourages hospitals to designate a liaison to serve as a gatekeeper and first point-of-contact in interactions with immigration officers. Liaisons are instructed to sequester ICE agents in a private room and ask for any documents for executing the raid, like a warrant or subpoena. Without a warrant that specifically names the facility as a location for a search or arrest, hospitals are not required to comply with authorities, the guidance states. Hospitals were also advised that they are allowed but not required to share patients’ personal health information with law enforcement in certain circumstances.
The group’s general counsel has been in contact with hospitals’ legal teams about statutory requirements when ICE agents arrive, said GNYHA spokesman Brian Conway.
“We hope ICE will continue to exercise discretion when it comes to hospitals and health care facilities,” Conway said. “Our hospital staff are consummate professionals, and their number one concern is that the delivery of safe, high-quality care is not interrupted, and that every person inside a hospital feels as comfortable as possible being there. We will continue to work closely with our members as this new landscape evolves.”
Since Obama’s order in 2011, ICE enforcement in hospitals and medical settings has been rare but not impossible. While those types of actions from ICE and other federal agencies were discouraged under the policy, they were still authorized when the case was deemed a matter of national security or when there was a risk of death or injury. Under Trump’s order, those restrictions have been lifted giving greater discretion to agents to enter sensitive areas.
The administration “trusts them to use common sense,” said the Department of Homeland Security in a statement Tuesday.
New York’s biggest health systems did not respond to requests for comment about how they are approaching the executive order or GNYHA’s guidance. Those that did have not provided details about their protocols for dealing with federal immigration agents.
The city’s public hospital system, Health + Hospitals, is the health facility most likely to be impacted by ICE raids given its position as a safety net provider serving a large population of un- and underinsured patients. Christopher Miller, a spokesperson for the publicly-funded health system, referred inquiries to GNYHA.
Maimonides declined to say what specific steps the Borough Park-based health system was taking to protect immigrants and their families receiving services, but said the system was working with GNYHA.
“Protecting the health of our immigrant communities is at the core of our mission at Maimonides Health,” said spokesman Sam Miller. “Working with our industry and community partners, we will continue to do everything we can to ensure that every patient receives the care they need when they visit us, regardless of their immigration status.”
SUNY Downstate Medical Center, another safety-net provider, also did not provide specific details about its policy toward immigration enforcement. “Our top priority at SUNY Downstate is ensuring that all patients can receive the care that they need, and we uphold strict policies in accordance with the law to protect patient privacy and confidentiality,” said spokeswoman Dawn Skeete-Walker in a statement. “As a trusted healthcare provider, SUNY Downstate proudly serves a diverse population and we remain committed to providing a welcoming and secure environment for all members of our community.”
Upper East Side-based Hospital for Special Surgery and Bedford-Stuyvesant-based One Brooklyn Health declined to comment. Montefiore Health System, Mount Sinai Health System, New York-Presbyterian, Northwell Health and NYU Langone Health did not comment by press time.
