Lexology January 24, 2025
While hospitals will no longer be formally considered sensitive locations under new immigration directives, health care facilities and providers maintain responsibility to protect access to patient care and confidentiality.
On Tuesday, January 21, 2025, the U.S. Department of Homeland Security (“DHS”) announced a directive to roll back long-standing policy that restricted immigration enforcement from “sensitive” locations. The policy, initially issued by the U.S. Immigration and Customs Enforcement (“ICE”) agency in a 2011 memorandum, helped mitigate ICE enforcement actions from occurring at or focusing on sensitive locations such as hospitals and other health care facilities, schools, and churches.
While Tuesday’s directive rescinds the 2011 policy, such locations are, and always have been, subject to ICE enforcement actions. The 2011 policy afforded...