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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

On July 8, a routine enforcement action by Immigration and Customs Enforcement (ICE) agents at a surgery center in California escalated into criminal charges for two health care workers. ICE agents were attempting to detain two individuals when those suspects tried to flee into a nearby medical center. One individual was detained by ICE at the clinic entrance.

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According to ICE, the second suspect was “dragged” into the facility by clinic staff. Two clinic employees physically blocked the entrance of the clinic and requested to see a copy of a warrant permitting agents to enter the facility over the employees’ objections. ICE claims that these employees assaulted the ICE officials and charged the employees with 1) assault on a federal officer and 2) conspiracy to prevent a federal officer from discharging the agent’s duties.

ICE is no longer restricted from entering hospitals, clinics or similar "sensitive locations" — a departure from the Biden administration policy that discouraged enforcement actions in these settings. This policy shift has already had measurable effects nationwide and underscores the urgent need for institutions to review and reinforce response protocols, legal guidance and staff training related to immigration enforcement on site.

<strong>Legal, Reputational and Operational Implications for Providers and Administrators</strong>

Institutions must be mindful of their legal rights and obligations. While law enforcement may seek access to patient records or identities, disclosures of protected health information should be strictly limited to what is legally required. In general, a judicial warrant (or an administrative subpoena that complies with the limitations set forth at 45 CFR 164.512(f)(1)(ii)(C)) is necessary for law enforcement to enter private, restricted areas or to access or seize confidential patient records. In addition to HIPAA, there are heightened confidentiality protections and special court-order requirements under 42 CFR Part 2.

<strong>Recommended Action Steps for Health Care Institutions</strong>

Given this evolving enforcement landscape, we strongly advise clients in the health care industry to take immediate steps to mitigate risk and protect both patients and staff. Health care employers should review their existing protocols for dealing with law enforcement.

Staff should be trained to respond calmly and lawfully, avoiding any conduct that might be construed as interference or obstruction. This includes understanding when and how to escalate such incidents to legal or administrative leadership. Frontline personnel — especially reception, security and clinical intake teams — should be given clear directions on how to handle law enforcement inquiries or presence at entrances, waiting areas or exam rooms.

From a privacy standpoint, institutions should reinforce HIPAA compliance and review their documentation practices to avoid unnecessary collection or retention of patient data. Transparency with patients is equally important. Consider publishing multilingual statements of institutional policy, patient rights and available legal support resources in visible areas, such as reception and triage desks.

Where feasible, facilities should also explore telehealth alternatives or mobile units to serve

patients who may be reluctant to enter fixed medical sites.

If your facility requires assistance reviewing your enforcement protocols, preparing staff training materials or developing a compliant yet compassionate patient communication strategy, Warner’s immigration, white collar criminal and health care teams are available to help.

Please contact Sarah Bileti, Jeff Segal, Madelaine Lane, Charlie Quigg, Adam Townshend or your Warner attorney for tailored guidance or to schedule an institutional risk review.

Talent Without Borders

Health Care

Senior Counsel

Sarah R. Bileti

Partner

Madelaine C. Lane

Charles R. “Charlie” Quigg

Jeffrey S. “Jeff” Segal

Adam B. Townshend

Immigration

White Collar Criminal Defense

Escalating ICE Presence in Health Care Settings — What Providers and Administrators Must Know Now

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Escalating ICE Presence in Health Care Settings — What Providers and Administrators Must Know Now

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