A recent change in federal immigration enforcement policy now allows immigration enforcement actions to take place in health care facilities. Many of you have questioned how this may impact operations in your area and what you should do if an Immigration and Customs Enforcement (ICE) agent, or other state or federal official acting on behalf of ICE, appears with the intent to carry out an immigration enforcement action, such as an arrest, search or seizure.
To help understand your rights and obligations pertaining to our patients in response to an attempted immigration enforcement action, the Office of Legal Affairs (OLA) is providing the following information:
What should I do if ICE or other law enforcement agents appear in my unit? You should interact with the agents in a calm, professional manner that does not involve any physical contact, physical resistance, interference or misstatements, even if the agents are not cooperative or become aggressive. If you encounter an agent and are asked to provide them with patient information or access to private patient areas, please advise the agents that you do not have the authority to share any information or grant them access to any areas, but that you will contact an appropriate representative to speak with them.
- On the Main Campus or at One Hundred Oaks, please notify VUPD at 615-322-2745 (or through the VandySafe app) and request an officer be dispatched to your location. In emergencies dial 615-421-1911 and the Office of Legal Affairs (OLA) (day – 615-936-0101, after hours – 615-875-4848).
- In a regional hospital, notify your house supervisor and the Office of Legal Affairs.
- In one of Vanderbilt Health’s ambulatory clinic locations, notify OLA and await their instructions. Ask the agents to delay any search or action until you have received instructions from OLA.
In accordance with our HIPAA obligations, do not share any patient information, including immigration status, with the agents or grant them access to any non-public areas, unless otherwise advised to do so by the appropriate representative or in consultation with OLA.
Additional information regarding law enforcement actions at our facilities can be found in the policy titled Requests by Law Enforcement for Access to Patients and Patient Information, which can also be accessed through PolicyTech under “Law Enforcement.” This policy is equally applicable to enforcement actions by ICE agents.
In what areas of the facility are ICE or other law enforcement agents permitted to enter? While agents may enter and carry out law enforcement activities in areas of the facility that are open to the public (such as lobbies, reception areas, cafeterias, and parking lots) without a warrant and without prior permission, agents are not permitted to enter any of the facility’s non-public or private areas (such as patient rooms) without a proper warrant or our consent. Agents who are present in public areas may still be asked to provide their names and badge numbers, the purpose of their presence, and whether they have a judicial warrant.
What if ICE or other law enforcement agents present me with a warrant? OLA needs to review all warrants that are presented by law enforcement agents. Agents should not be permitted to enter a private area of the facility without our consent or a valid warrant. OLA will determine whether the law enforcement agents have a proper warrant and are meeting all legal requirements before any information will be shared with them and before they will be allowed access to non-public areas.
What if ICE or other law enforcement agents are uncooperative with our processes? If law enforcement agents insist on taking custody of a patient, please remain calm, polite and professional. Never become confrontational nor place yourself in a position where you are physically interfering with an agent. Always be truthful with the agents, although you may need to advise them that you are not authorized to provide certain information. If an agent is uncooperative with our procedures, do not attempt to interfere with their actions. OLA will need to address the situation once the immediate situation has passed.
What if ICE or other law enforcement agents seek to arrest a patient? If an agent attempts to take custody of a patient when it is not medically safe or advisable to discontinue the patient’s treatment, the most senior member of the patient’s treatment team should inform the agent of the patient’s risks, and of the facility’s continuing legal obligations under EMTALA and other laws to continue the patient’s medical care. The treatment team should document the encounter with law enforcement in the patient’s medical record.
Should we advise patients or their visitors of their legal rights if they are the subject of a law enforcement action? You should not offer advice to patients on topics not related to their health care or matters related to their discharge consistent with our historical practices. You should specifically not offer advice related to a patient’s immigration status or legal rights unrelated to their health care or available community services.
Is emotional assistance available to help cope with stressful workplace situations? Yes, Work/Life Connections-EAP is available to provide emotional support and guidance for VUMC employees by calling 615-936-1327 or at https://www.vumc.org/hw/worklife-connections-eap
