Re: Re: Migrant Health / Dental Health Surveys

[Guest guest]

Everyone,

Here is some very interesting information researched by regarding

Immigration and Customs Enforcement(ICE, farmworkers, and the obligations of

health centers to ICE. I thought you all might find this information valuable.

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I consulted with some immigration attorneys and got the following advice:

1. Health centers have no affirmative obligation to report a patient's

immigration status to Immigration and Customs Enforcement(ICE).

2. Health centers receive information from patients, including at times

about their immigration status, in confidence. Like other confidential

information, they can only disclose it to ICE 1) with the patient's consent or

2) if ICE has a court order/warrant. Thus for the most part, the health center

should refuse requests for immigration information.

3. ICE is permitted to go in commercial spaces that are freely open to the

public. Thus, it might help if the clinic posts a sign saying that its waiting

area is only open to patients and those accompanying patients. This should keep

ICE out of the waiting area.

4. Patient treatment areas are clearly not open to the public so ICE can

definitely be excluded from these spaces.

5. The parking lot is a public space. If this is an issue, the clinic might try

to negotiate with ICE to keep them out because it is in the interests of the

public health of the nation that patients have access to clinics - and they

won't use these services if ICE is present.

Josh Shepherd

Resource Center Manager

National Center for Farmworker Health

(512) 312-5463