Under the current federal administration, the U.S. Department of Homeland Security (U.S. DHS) has lifted restrictions that previously prohibited Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers from carrying out immigration enforcement actions, including arrests, in protected areas such as medical and behavioral health care facilities and social services establishments. It is now possible that U.S. DHS may attempt to conduct immigration enforcement activities in these settings.
The Pennsylvania Department of Human Services, along with the departments of Aging, Drug and Alcohol Programs, and Health, has prepared a non-regulatory advisory to provide general information about federal law applicable to immigration enforcement activities at health care and social services facilities. We also advise facility leadership and counsel to develop a written policy and standard operating procedures for what to do if immigration enforcement agents arrive on facility property or seek information about individuals you serve for immigration enforcement reasons.
In developing these policies and procedures, the Pennsylvania Department of Human Services advises that you consider:
- Designating legal and administrative point person(s) by name and phone number who will interact with immigration agents and review legal documents;
- Planning for how your facility will respond to requests for information, requests to enter non-public spaces to conduct an arrest, and immigration enforcement activity in public spaces;
- Engaging in advance with stakeholders and necessary resources; and
- Minimizing disruption to individuals served.
This advisory does not provide legal advice. Consult a licensed attorney or accredited representative for legal questions about a specific situation.
Thank you for your service to Pennsylvania.
