The Department of Homeland Security has lifted restrictions on Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers, allowing enforcement actions, including arrests, to take place in previously protected "sensitive" areas like hospitals.
On Jan. 21, Acting Department of Homeland Security Secretary Benjamin Huffman announced two directives aimed at tightening border security and restoring stricter enforcement of immigration laws.
According to a press release, the measures aim to reverse policies implemented under the Biden administration and empower ICE and Customs and Border Protection to take more decisive action.
Here are four things to know about the two directives:
- The first directive rescinds guidelines limiting enforcement actions in or near designated "sensitive" areas, such as schools, churches, and hospitals, according to NBC News.
- The Department of Homeland Security stated that the previous rules hindered law enforcement efforts by creating zones where undocumented individuals could evade capture. The new policy allows ICE and CBP officers to act with fewer restrictions in these locations.
- The second directive curtails the use of humanitarian parole, which had been expanded during the Biden administration to grant temporary legal entry to large numbers of migrants.
- The Department of Homeland Security emphasized that the parole program will now return to its intended purpose: case-by-case evaluations rather than widespread application. Programs not adhering to this stricter standard will be phased out, according to Department of Homeland Security officials.
"Doctors, nurses, and other clinicians must be able to provide care to patients who need it, particularly in urgent situations, without the fear of law enforcement looking over their shoulders. And patients deserve to feel safe in healthcare settings, at a time when they are already more vulnerable because they are sick or injured," Beth Feldpush, senior vice president of advocacy and policy at America's Essential Hospitals, told Becker's in a written statement. "Our hospitals' highest goal is to always provide the best care to every patient who comes through their doors."
America's Essential Hospitals is a national association representing more than 300 hospitals.
"Non-emergency immigration enforcement in schools, places of worship, social service agencies, healthcare facilities, or other sensitive settings where people receive essential services would be contrary to the common good. All people have a right to fulfill their duty to God without fear," the Catholic Health Association told Becker's in a written statement. "Turning places of care, healing, and solace into places of fear and uncertainty for those in need, while endangering the trust between pastors, providers, educators and the people they serve, will not make our communities safer."
The Catholic Health Association comprises more than 600 hospitals and 1,600 long-term care and other health facilities in all 50 states.
Meanwhile, a spokesperson for the American Hospital Association told Becker's it is "currently reviewing this action from the administration."
As hospitals brace for potential impacts, responses from states and health systems underscore significant regional differences.
According to KFF Health News, California is advising healthcare providers not to document patients' immigration status on bills or medical records and is informing providers they are under no obligation to assist federal agents in arrests. Some Massachusetts hospitals and clinics are posting privacy rights in emergency rooms in multiple languages to ensure patients feel safe.
In contrast, states like Florida and Texas have introduced measures requiring healthcare facilities to ask patients about their immigration status and report the associated costs of care for undocumented individuals. For example, Texas Governor Greg Abbott has ordered hospitals receiving Medicaid funding to begin tracking and reporting the costs of care for immigrants without legal status.
Despite these mandates, hospitals across the U.S. emphasize that they will not turn patients away due to immigration concerns.
"None of this changes the care patients receive," Carrie Williams, a spokesperson for the Texas Hospital Association told the publication. "We don't want people to avoid care and worsen because they are concerned about immigration questions."
Health systems and advocacy groups warn that heightened enforcement actions could deter vulnerable populations from seeking necessary care. A survey from the University of South Florida revealed that 66% of noncitizens in Florida hesitated to seek medical care after the state passed legislation requiring hospitals to inquire about legal status.
California Attorney General Rob Bonta has urged healthcare facilities to prioritize patient privacy, recommending that they post information about patient rights and train staff to handle immigration enforcement scenarios. Meanwhile, hospitals in Massachusetts and New York City have begun training staff to recognize ICE warrants and protect patient confidentiality.