EverThrive IL knows that health equity cannot be achieved with the threat of mass deportations and separation of families. Immigration raids are creating a climate of fear and distrust in communities that already feel vulnerable due to their legal status and preventing communities from getting the care they need. The immigration actions and policies of the Trump Administration will have long-lasting impact, leading to more significant disparities in health.
Now is the time for medical and social service providers to act courageously and play a crucial role in safeguarding their patient’s well-being. Your work is critical to mitigating harm, ensuring safety, and maintaining trust within immigrant communities who may otherwise be reluctant to seek help due to fear of deportation or arrest.
Below are several strategies that medical and social service providers can implement to keep patients and clients safe.
Know the Rights of Immigrants and Share Them
One of the first steps for medical and social service providers is to ensure that staff and patients understand their rights under U.S. immigration law. Immigrants, regardless of their legal status, have certain rights when interacting with immigration authorities.
These include:
- The right to remain silent: People have the right to refuse to answer questions without a lawyer present.
- The right to ask for a warrant: Immigration officers must present a warrant before entering a home or private space.
- The right to refuse entry without a valid warrant: Officers cannot enter a private space or vehicle without consent unless they have a judicial warrant or probable cause.
- The right to a lawyer: Immigrants have the right to seek legal representation.
Medical providers should also be familiar with the following:
- Right to confidentiality: Healthcare providers are generally required to maintain patient confidentiality, and immigration authorities cannot legally compel them to share patient information without a court order.
- Right to refuse entry to immigration officers: Without permission from the facility, immigration officers cannot enter non-public parts of healthcare facilities without a warrant.
- Right to emergency medical care: Patients cannot be denied emergency medical care as defined under federal law based on their immigration status. Providers should be ready to advocate for patient access to emergency care, especially if patients fear being detained or deported.
- Right to emergency medical care: Patients cannot be denied emergency medical care as defined under federal law based on their immigration status. Providers should be ready to advocate for patient access to emergency care, especially if patients fear being detained or deported.
- Designate private spaces: Designate as many areas as possible within healthcare facilities as private spaces, access to which is limited to patients and people they bring with them to appointments.
- Offer healthcare options: Use telehealth services to minimize the risk to community members and ensure that in-person appointments include the consolidation of tests/exams to keep individuals from being exposed to being stopped by immigration officials.
Health care and social service facilities should also develop clear protocols for what to do if an immigration raid occurs on the premises that include the following recommendations:
- Designate staff to be in charge of responding to a raid and ensure that staff members are trained on the steps to follow.
- Know when to contact a lawyer or legal organization that can provide guidance on protecting patients’ rights during a raid.
- Create a protocol for alerting patients to evacuate or enter safe spaces within the facility without causing panic.
- Provide legal support referrals. Collaboration between medical and social service providers and immigration attorneys is essential. Patients should be informed about free or low-cost legal assistance in case of a raid or deportation threat.
Medical and social service providers have a fundamental responsibility to ensure the health and safety of all patients, regardless of immigration status. By understanding legal protections, establishing strong protocols, fostering a safe environment, and advocating for immigrant rights, healthcare and social service professionals can help minimize the harm that immigration raids can cause. This improves the well-being of immigrant communities and strengthens the trust between healthcare and social service providers, and individuals, ensuring that everyone, regardless of their background, has access to the care they need.
EverThrive IL will continue to focus on community-driven partnerships, policy action, and systems-change projects with community leaders, elected officials, supporters, and funders to dismantle racist policies and reduce harm in BIPOC and LGBTQIA+ communities.
Below is a list of organizations that provide vital immigration resources ranging from legal support to mental health:
Illinois Coalition for Immigrant and Refugee Rights
855-435-7693
312-666-3062
National Immigrant Justice Center
773-672-6599
773-542-7077
773-784-2900
833-626-4244