California Targets ICE Raids in Hospitals with New Law

California has taken significant steps to counter recent actions by U.S. Immigration and Customs Enforcement (ICE) agents in medical facilities. Over the past few months, reports have emerged of federal agents conducting raids at hospitals and clinics, raising concerns among healthcare providers and immigrant communities. In response, Governor Gavin Newsom signed into law SB 81 on September 29, 2023, which aims to limit ICE’s access to sensitive areas within healthcare establishments.

The law prohibits immigration agents from entering private areas of hospitals and clinics without a valid search warrant or court order. This includes spaces where patients receive treatment or discuss health matters. The increased presence of ICE in healthcare settings has led to distress among patients and healthcare workers alike. Incidents have included agents reportedly detaining patients and intimidating medical staff, such as the case of a patient at California Hospital Medical Center who was monitored by ICE for nearly a week.

Despite the new legislation receiving broad support from medical professionals and immigrant rights advocates, legal experts warn that California’s law may face challenges. According to Sophia Genovese, a supervising attorney at Georgetown Law, the supremacy clause in the U.S. Constitution grants federal authorities the right to conduct enforcement activities in public spaces, such as hospital lobbies and parking lots. Previous protections against immigration enforcement in sensitive areas were rolled back by the Trump administration in January 2021.

Under SB 81, California has designated a patient’s immigration status and birthplace as protected information. This means that, similar to medical records, such data cannot be disclosed to law enforcement without a warrant. The law also mandates that healthcare facilities establish procedures for handling inquiries from immigration authorities. This includes training staff to notify legal counsel if agents attempt to enter private areas or access patient records.

Several other states with Democratic leadership have enacted similar measures. Colorado recently passed the Protect Civil Rights Immigration Status bill, which penalizes hospitals for unauthorized sharing of patient information and restricts ICE agents’ access to private areas. Maryland and New Mexico have also implemented laws to protect patient data and prevent ICE from entering healthcare facilities.

In contrast, Republican-led states are pursuing legislation that aligns with federal initiatives aimed at restricting healthcare access for undocumented immigrants. For instance, Florida has mandated that hospitals accepting Medicaid inquire about patients’ legal status, while Texas has required hospitals to report expenditures for care provided to individuals without legal authorization.

Governor Newsom’s signing of SB 81 comes as California, home to over a quarter of foreign-born residents, faces heightened scrutiny under federal immigration policies. During the bill-signing ceremony, Newsom stated, “We’re not North Korea. We’re pushing back against these authoritarian tendencies and actions of this administration.” The law passed along party lines, reflecting a clear division in approaches to immigration enforcement.

Supporters of the bill, including the California Nurses Association, have expressed concerns about the impact of ICE’s presence in healthcare settings. They cite the case of Milagro Solis-Portillo, a Salvadoran woman under constant ICE surveillance at a Glendale hospital, as emblematic of the fear that has permeated the healthcare community. Anne Caputo-Pearl, a nurse and union representative, highlighted incidents where agents remained in patient rooms, creating an intimidating environment for both patients and healthcare providers.

Although immigration arrests at healthcare facilities appear to be relatively rare, the fear generated by potential raids has had a profound impact on communities. Tanya Broder, a senior counsel at the National Immigration Law Center, noted that the rescinding of protections has instilled uncertainty across the nation. A spokesperson for the Department of Homeland Security criticized California’s law, claiming it would not comply with mandates regarding mask and identification requirements for law enforcement.

In Los Angeles County, home to numerous community clinics serving over 2 million patients annually, healthcare providers have been proactive in implementing guidelines set forth by the state Attorney General. Louise McCarthy, president and CEO of the Community Clinic Association of Los Angeles County, stated that the new law should help ensure uniform standards and reassure patients about their rights.

Despite these efforts, the potential for immigration enforcement in the broader community remains a concern. Incidents have already occurred near clinics, with one passerby being arrested outside an East Los Angeles clinic, an event captured on video. Staff at community health centers have voiced concerns about their safety when venturing outside.

At St. John’s Community Health, a network of health centers across South Los Angeles, CEO Jim Mangia acknowledged that while the new law cannot prevent all immigration enforcement activities, it equips clinics with a framework for responding to such encounters. Mangia recounted instances where staff successfully prevented armed officers from entering facilities, underscoring the ongoing tension surrounding immigration enforcement.

As California navigates these complex issues, the future remains uncertain. With the Department of Homeland Security planning to increase the number of ICE agents by an additional 10,000, advocates fear that the challenges will continue. The state’s efforts to safeguard patient privacy and promote access to healthcare for all will remain critical as the landscape of immigration enforcement evolves.

KFF Health News, a national newsroom dedicated to in-depth health journalism, continues to cover these pressing issues, emphasizing the importance of patient rights amid a changing immigration policy environment.