1. Keeping Students and Families Safe: Healthcare Breakout Session
Rose Community Foundation Form
September 20, 2017
Arash Jahanian, Staff Attorney
(720)

2. Words of Warning
Modern Healthcare: “Tougher immigration enforcement is taking a toll on healthcare” (Apr. 21, 2017)

3. Words of Warning
Patients, concerned that information is being shared with immigration authorities or that ICE will come to facility, stop coming in
In addition, severe stress can lead to negative health effects

4. Overview of Patients’ Rights

5. Patients’ Basic Rights
Right to remain silent
Right to counsel (lawyer)
Right to refuse searches without a warrant
Right to contact consulate
Regardless of immigration status, non-citizens in the U.S. generally have the same constitutional rights as citizens when law enforcement officers stop, question, arrest, or search them or their homes. However, there are some special concerns that apply to non-citizens.
Everyone has these Constitutional rights, regardless of immigration status.

6. Patients: Right to Remain Silent
If you wish to exercise your right to remain silent, say so out loud.
You do not have to answer questions about where you were born, whether you’re a U.S. citizen, or how you entered the country.

7. Patients: Interaction with ICE Agent
If not a U.S. citizen and agent requests immigration papers, must show them.
If over 18, carry immigration documents at all times.
If you don’t have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents. It is a crime and can be source of future criminal charge.

8. Patients: If Stopped in a Public Area
Stay calm.
Don’t run, argue, or resist.
Ask if you are free to leave.
Don’t consent to searches.
Remain silent if you do not want to answer questions.

9. Private Area: Warrant Keep door closed and talk through it.
Warrant must be signed by judge for them to enter (ICE warrant for removal/deportation will not be).
Must also name person and/or areas to be searched, and right time period.
Ask them. If they don’t have warrant signed by judge, you don’t have to let them in.
If they say they have a warrant, ask them to slip the warrant under the door.
Look at the top and at the signature line to see if it was issued by a court and signed by a judge.

10. Private Area: Warrant
If immigration agents have an ICE warrant, you do NOT have to let them in.
If they say they will get one, try to have lawyer present before the warrant is served or search begins.
If they force their way in without warrant, don’t resist but say you don’t consent.
You can ask: What reason do you have to target this individual?
During the search, document the search with notes, photos, video.

11. Patients: If You Are Arrested by ICE Agents
Don’t lie or present false documents.
State that you want to remain silent. Do not sign anything without a lawyer.
Right to remain silent
Right to counsel (lawyer)
Right to refuse searches without a warrant
Right to contact your consulate
Government will not provide a lawyer. Ask for list of free or low cost legal services.
Contact your consulate, or ask an officer to inform them of your arrest.
Know your immigration number (“A” number), and give it to your family to help them locate you.

12. Patient’s Plan Organize and keep important documents in safe place:
Personal documents
Immigration Documents
Criminal Court Documents
Keep list of important numbers, including family, consulate, immigration lawyer
Decide who will take care of children, make decisions (Power of Attorney) if detained

13. Important Phrases “Are you detaining me, or am I free to go?”
“I don’t consent to searches.”
“I can’t let you in without a warrant.”
“I want to remain silent, and I’d like to speak to an attorney.”

14. Applicable Law and Policies

15. Sensitive Location
Both ICE and CBP consider healthcare facilities to be sensitive locations.
Immigration enforcement actions are to be unless exigent circumstances exist or the officers have prior approval from certain officials within the enforcement agencies.

16. Disclosure of Information
No affirmative legal obligation to inquire into or report a patient’s immigration status.
HIPAA generally prohibits disclosure of patient information without patient consent, except where required by law.
Under other exceptions, including when information is requested by law enforcement, personal health information may be shared, but its release is generally not required.

17. Denver’s Policies: City Ordinance
Denver does not honor ICE detainers.
Sheriff does provide notification of release “to the extent they are able,” but informs individuals of their rights.
City employees are prohibited from collecting information on immigration status, sharing other information for purposes of immigration enforcement.
Immigration enforcement officials are no longer permitted access to secure areas without legal justification.
Ordinance passed August 21, 2017

18. Denver’s Policies: Executive Order
Establishes legal defense fund.
Establishes working group.
Ensures equal access to all city facilities and makes information available in multiple languages.
Executive Order No. 142 issued August 31, 2017

19. Possible Policies and Practices

20. Written Policy Designating Private Areas
Establish written policy identifying which areas are closed to the public.
Limit access to certain areas only to those who are receiving or providing care, or who are otherwise necessary – patients, family, essential medical personnel.

21. Waiting Room
May be open to the public, but individuals must be invited to enter examining rooms, offices, and records areas.
Alternatively, may be open only to patients and people accompanying them, while public must remain in areas outside the building.
Consider cordoning off areas where patients receive treatment from public waiting rooms.
Beware of what’s in “public view.” Be cautious of what information is in open view of the public, such as files visible from the visitors’ side of the reception desk.

22. Immigration Information
Avoid asking for immigration status.
If you must, avoid including that information in medical and billing records.
Reassure patients of your practices and their privacy.

23. Educational Materials
Know Your Rights Information in Reception, Waiting Areas (in different languages)
Signs?
Benefits presentations?

24. Your Staff
Designate someone to handle all contact with law enforcement.
Train all staff on your policies, patients’ right.
Practice/roleplay responses to immigration raid.
Train on cultural sensitivity
E.g., “undocumented,” not “illegal”

25. Outside Contacts
Establish relationships with immigration lawyer or have lawyer on board whom you can call.
Consulate
Colorado Rapid Response Team:

26. Questions/ Discussion