Impacts of ICE on Patient Care: Knowing Your Rights as a Physician and Patient
By: Emma Walytka
“In the last 35 years, I have cared for numerous patients where there were legal and formal interactions with law enforcement at our hospitals and in our clinics, and never have I had an instance where a patients rights were violated, that medical care was impeded…and yet we hear these stories now for the last couple of months in Minnesota,” says Matt Klein, State Senator from Senate District 53, and Internal Medicine Physician at Mayo Clinic.
Imagine a pregnant mother who is managing chronic health-related conditions, unable to seek care out of fear of detainment, having to put her health and her babies at risk because she fears being removed by agents, while her contractions continue to worsen.
Imagine the son of an immigrant facing major depressive symptoms and having these be exacerbated from fear of being met with agents rather than a healthcare professional as they enter the clinic doors. According to the ADDA, nearly 1 in 10 men experience depression or anxiety, but less than half receive treatment. Even more alarming, men are four times more likely to die by suicide than women — meaning the act of seeking treatment could be even more at risk.
In January 2025, the Department of Homeland Security (DHS) rescinded what had once been the “Sensitive Locations Policy.” This change removes the shield from Immigration and Customs Enforcement (ICE) operations in healthcare settings. As the presence of I.C.E. has increased around the country and in our own city, we see reports of agents at hospitals, clinics, emergency rooms, and even waiting rooms, a place where loved ones often await to hear surgery news, and patients get called to an appointment they have been anxiously awaiting.
Now, many BIPOC patients and immigrants are faced with an additional layer of inequality and oppression in the health care system, having to answer a complex question: “Would I rather treat my illness or health-related concern and risk being detained, or do I live in agonizing pain and discomfort to feel safer in my own country?”
In a recent article from the Center for Infectious Disease Research and Policy, Tina Ridler, a U.S. citizen who was born in the U.S., has been delaying health appointments, afraid to seek care. Ridler, 60, suffers from prolonged COVID-19 symptoms, a condition that has resulted in her being sent to the hospital numerous times, yet she says, “You would think a major medical center would be a safe space,” Ridler said. “I’m holding off making the appointments, because I don’t want to go into territory where ICE is operating.”
Yet, during these times of fear and uncertainty, Minneapolis houses a resilient community passionate about equitable access to healthcare. On January 6, Unidos MN, a grassroots organization, reported that federal agents “gained access to a patient” in the emergency room of Hennepin County Medical Center, shackling him to his bed despite not having a warrant. On that same evening, Unidos rallied outside the hospital, asking for the hospital to stop immigration enforcement.
On the state level, State Rep. Mohamud Noor says that this patient in particular was medically high-risk, stating, “So what we’re talking about is respecting the rights of the individuals who are critically ill.”
In response, Hennepin Healthcare issued a statement in which they said a review process of procedures and policies will be implemented to ensure clarity throughout the facility, confirming that, although federal agents spent time on the campuses last week, they were asked to leave eventually.
On a national scale, according to a 2025 study from the Physicians for Human Rights that surveyed 691 health care workers across 30 states who work with immigrant populations. The survey found:
This study points to an immense fear, one that disproportionately marginalizes immigrant and BIPOC populations further, placing an even greater burden on those who are chronically ill, living with an illness, and need treatment. Their access to healthcare has been uncertain due to the fear of deportation.
It’s important to recognize the pitfalls of this data, as the study was conducted from March to August 2025, as the One Big, Beautiful Bill Act (OBBBA) was enacted into law on July 4, 2025.
Since then, according to the American Immigration Council:
- The increasing use of “at-large” arrests in American communities has increased by 600%, leading to an unprecedented deployment of federal law enforcement.
- These changes in arrest practices have led to a 2,450% increase in the number of people with no criminal record being held in ICE detention on any given day.
Furthermore, on a January 29 Senate hearing on the impacts of Operation Metro Surge, Dr. Bjorn C Westgard, Emergency Medicine Physician and Research Investigator at Regions and Research Director of Emergency Medicine at the Department of Emergency Medicine at the U of M, reported that emergency room and clinic visits are down 20-25% across many of our health systems.
Westgard stated, “We’ve had patients present at the last moment with terrible infections and complications leading to loss of limb and loss of life - all for fear of ICE in Minnesota.”
The group of patients most affected is Latino patients, representing 25% of the decline, says Westgard.
On top of this, the council reports that general health and well-being in ICE facilities have only worsened. Arrests outnumber the number of beds to hold people, substandard medical care, and abusive conditions persist.
As pre-health students who will one day be working in the field of healthcare in some form or capacity, it is vitally important that you are aware of the rights you hold and the rights your patients hold. The Immigration Law Center does an extensive dive into both parties' rights, and is a great tool to reference and share with colleagues.
- Disclosure of Information: Providers have no affirmative legal obligation to inquire into or report to federal immigration authorities about a patient's immigration status, as per HIPAA.
- Warrants and Consent: Providers can refuse to provide information about patients to law enforcement officials unless the request for information is pursuant to a warrant issued by a judge or magistrate for a specifically identified individual or another order issued by a court.
- What to Check for in a Warrant: Ensure that …
- It is a valid judicial warrant.
- It is signed by a judge or a magistrate judge
- It states the address of the specific premises to be searched
- It is being executed during the time period specified on the warrant, if any
- Authorized Person: To enter a private area (an area not open to the public) of a health care facility, enforcement officers must have either a warrant or consent from an authorized person.
You go into healthcare because you care deeply about the health and well-being of people and the communities you are a part of. Patients seek your services because you provide a means of healing; a life other than one in pain, discomfort and uncertainty. Knowing the rights you hold as our future physicians, caregivers, doctors and nurses is a direct part of what it means to care and be a provider.