(CALIFORNIA) ICE’s presence in emergency rooms and surgical centers across the state has moved from rare to routine in 2025, after the Department of Homeland Security ended federal protections that once treated hospitals as “sensitive locations.” Since the policy shift on January 21, 2025, hospital workers from Los Angeles to the Central Valley report regular encounters with armed ICE agents inside lobbies, hallways, and care units.
Administrators say they are scrambling to update protocols while trying to protect patient privacy and keep clinical operations steady. Immigrant patients, worried about detention or deportation, are delaying care. The result is a tense new reality for a system built to offer help first and ask questions later.

What changed and why it matters
The change follows DHS’s formal reversal of the Obama- and Biden-era approach that discouraged immigration enforcement in places like schools, places of worship, and healthcare facilities. Officials under President Trump framed the rollback as part of broader enforcement goals.
In practice, it means ICE can now conduct actions in hospitals without the extra procedural barriers that previously applied to sensitive locations. California’s healthcare leaders say the fallout has been swift: agents escorting detainees in medical crisis into emergency departments, multi-day and even multi-week waits in lobbies, and attempts to approach individuals inside surgical centers. According to analysis by VisaVerge.com, the visibility of ICE in care settings has grown markedly since early 2025, with staff and patients seeking clear, simple rules they can count on at stressful moments.
While federal protections have fallen away, California law still places limits on access. Key legal protections include:
- California’s Immigrant Worker Protection Act (AB 450) — restricts entry into nonpublic workplace areas without a valid warrant signed by a judge.
- Privacy laws: Federal HIPAA and California’s Confidentiality of Medical Information Act (CMIA) shield patient records, including immigration status, unless a proper court order or subpoena is presented.
- Emergency care duties: EMTALA requires hospitals to examine and stabilize everyone, regardless of insurance or immigration status. The Centers for Medicare & Medicaid Services explains these screening and stabilization duties in its official EMTALA guidance, which is available on the CMS EMTALA page.
The practical result: federal policy now allows more enforcement in hospitals, but state workplace rules, privacy laws, and EMTALA still impose important constraints and duties.
Policy shift ends hospital safeguards
For more than a decade, the federal government treated hospitals as sensitive locations, a policy that discouraged on-site enforcement to avoid scaring people away from urgent care. That approach spanned years under both parties and continued through President Biden’s term.
The shield fell on January 21, 2025, when DHS rescinded the guidance. Since then, ICE’s presence has become more frequent and more visible across facilities large and small: emergency rooms where detainees arrive in handcuffs for urgent evaluation, lobby stakeouts that stretch for days, and appearances inside treatment areas that were once off-limits except in extreme cases.
Hospital executives and medical directors say they are now rewriting playbooks to adapt. The California Hospital Association has told members that hospitals must provide care regardless of custody status and that clinical staff should not insert themselves into disputes with law enforcement. Care comes first—but workers also need to learn the legal lines around warrants, subpoenas, and patient information.
Administrators insist they want to cooperate with law enforcement when required by law, yet not give up protections that the state and federal privacy rules still guarantee.
The on-the-ground impact: fear, confusion, and operational strain
Inside hospitals, the emotional toll is clear. Nurses describe family members turned away from visiting detained patients with little explanation. Physicians report patients skipping appointments after seeing agents near the entrance. Registrars worry that collecting routine intake data could be misread as sharing information with ICE.
Community clinics tell similar stories: people waiting until illness worsens rather than facing a possible encounter with agents. Advocacy groups warn that this “chilling effect” threatens public health, especially if infectious diseases go untreated or chronic conditions spiral.
The state’s top law enforcement officer moved to fill some gaps before the federal reversal took full effect. In December 2024, California Attorney General Rob Bonta urged healthcare facilities to review protocols for responding to immigration enforcement and to reinforce staff training on privacy and access rules. Those reminders have taken on new urgency in 2025.
Hospital lawyers say they need consistent steps that any staff member can follow at 2 a.m. in the emergency room or in a crowded surgical recovery area, when front-line decisions happen fast and small mistakes can carry big legal risks.
Patient and staff experiences
From a patient’s point of view, ICE at the hospital door changes everything:
- Parents worry about bringing a sick child for fever or dehydration.
- Elders put off follow-up visits after surgery.
- Workers with injuries skip imaging because they fear a badge in the waiting room.
- Patients arrive scanning for uniforms or quietly ask whether it is safe to give their real name.
For staff, the challenges are both human and procedural. Clinicians must stabilize, keep patients safe, and protect dignity, while also assessing whether agents can enter certain spaces, whether presented paperwork is a court order, who should speak to agents, and how to record events.
HIPAA and CMIA leave little room for error: sharing a diagnosis, a room number, or a discharge time without the proper legal process can trigger penalties and lawsuits. Workers are told to pause, call the designated contact, and let trained staff handle law enforcement requests.
Practical checklists and hospital procedures
Facilities are building checklists to keep the focus on care while respecting the law. Recommended steps include:
- Designate a trained response team. Direct law enforcement to these points of contact—often security, compliance, or legal—not to frontline clinical staff.
- Mark nonpublic areas clearly (for example, “Employees Only” on doors) and do not allow entry into these spaces without a judicial warrant signed by a judge.
- When agents present paperwork, the trained contact should verify whether it is a court order or subpoena with a judge’s signature. Internal immigration forms do not grant entry to restricted areas or access to records.
- Do not give voluntary consent for access to nonpublic spaces or medical records. If a court order is valid, follow it; if not, decline and refer to legal counsel.
- Protect patient information. Do not share immigration status, diagnosis, treatment details, location in the building, or discharge plans unless required by a valid court order or subpoena.
- Document every encounter. Record agent names, badge numbers, time, place, and any documents presented. Keep copies if possible.
- Notify legal counsel immediately and follow hospital policy for incident reporting.
- Reassure patients. Explain that the hospital provides emergency care regardless of status under EMTALA, and that privacy laws remain in force.
These steps reflect state and federal rules that still apply even after the federal sensitive locations policy ended.
Paperwork pitfalls and training focus
Confusion often peaks around paperwork. In the moment—especially overnight—the difference between a court order and an internal form is not always obvious. Training now focuses on simple checks:
- Is there a judge’s signature?
- Is the order addressed to the hospital?
- Does it specify what records or access are required?
If answers are unclear, staff are instructed to contact the designated lead and pause action until legal counsel reviews the document. The aim is to avoid both extremes—neither blocking lawful enforcement nor giving up protections the law still grants.
Legal boundaries and practical obligations
The legal lines that matter most are not new, but the rescission of sensitive locations guidance has moved them to center stage.
- California’s workplace access rules make a sharp distinction between public and nonpublic areas. Lobbies, public waiting rooms, and outdoor grounds are generally open. Treatment rooms, staff stations, labs, back corridors, and many inpatient units are not.
- Without a judicial warrant, agents should not be in nonpublic spaces.
- Even where agents are lawfully present, privacy rules around medical information still stand.
The hospital’s duty to care also remains unchanged. Under EMTALA, emergency departments must provide a medical screening exam and stabilize anyone with an emergency condition, regardless of immigration status. CMS’s guidance explains hospitals cannot delay screening to ask for payment or status, and they cannot turn people away for lack of insurance.
The state’s medical privacy laws match federal HIPAA rules in many areas and go further in some respects. Together, they bar sharing patient information with law enforcement except under specific, lawful requests such as a court order or subpoena.
Balancing custody and care
For detained patients, hospitals work to balance custody and care:
- Clinicians control clinical decisions—medications, imaging, surgeries—based on medical need.
- Security and law enforcement control custody decisions, within legal bounds.
That division can break down in practice when family visits or updates are at issue. Some hospitals report families denied visits or kept in the dark about a loved one’s condition. Leaders are working to set uniform policies that respect privacy, allow appropriate communication with approved family members, and comply with custody rules.
On the ground, staff are coping with emotional stress. Many hospitals now distribute “know your rights” materials in multiple languages and include social workers and patient advocates on bedside teams to explain rights and connect families with legal resources.
Administrators have also built rapid-response systems to bring legal counsel into encounters quickly. Documentation—writing down what happened, who was involved, and what papers were shown—has become standard practice after any immigration-related contact.
Federal, state, and advocacy responses
The federal government has not released detailed public guidance tailored to healthcare settings since the rescission. ICE maintains that hospitals are not off-limits and that enforcement actions in medical settings can be necessary to carry out federal law, framing the policy shift as a matter of national security and law enforcement continuity.
Without more granular federal guidance, states and professional associations are filling the gap:
- The California Hospital Association regularly reminds members that patient care and privacy remain paramount, even as staff cooperate with lawful requests.
- Advocacy groups urge hospitals to keep access to care open and avoid policies that could frighten patients away.
California lawmakers are weighing additional steps, though no new statutes had passed as of August 26, 2025. Legal challenges may test the scope of immigration enforcement in healthcare spaces—particularly where privacy rights and access to emergency care intersect. Attorneys expect courts could clarify what information hospitals must share, when agents can move through nonpublic spaces, and how custody interacts with clinical care.
Human consequences and the path forward
Behind the legal debate, human stories keep unfolding:
- A father with chest pain weighs the risk of going to the emergency room after seeing agents in the lobby the week before.
- A cancer patient misses chemotherapy rather than pass an officer near the door.
- An obstetrics team tries to comfort a laboring patient worried that a postpartum room change might expose her to arrest.
Clinicians say each missed appointment can lead to worse outcomes, higher costs, and deeper fear. Public health officials warn that avoiding care increases the likelihood of preventable crises.
Hospital leaders say the path forward rests on simple, steady steps:
- Keep emergency care open to all and make that message public in clear language.
- Train every shift, including nights and weekends, on who handles law enforcement requests.
- Maintain clear signs and door markings to define public and nonpublic spaces.
- Build an incident log system that captures details in real time.
- Share “know your rights” and privacy information at registration and bedside.
- Coordinate with county health departments and community clinics to spread consistent messages about care access and privacy protections.
These actions do not change federal policy, but they can reduce fear, protect privacy, and keep the clinical mission on track. Hospitals stress that they are not trying to hide patients; they are following state law and federal privacy rules that require them to guard medical information and control access to treatment areas.
The daily operational guidance for California facilities in this new landscape:
– Follow EMTALA for emergency care.
– Apply HIPAA and CMIA to protect medical information.
– Enforce workplace access rules that keep nonpublic areas restricted without a judge’s warrant.
– Document every step of any enforcement-related encounter.
As ICE, hospitals, and sensitive locations overlap more than at any time in recent memory, administrators, clinicians, and patients are watching closely. Hospitals are reworking policies, running tabletop drills, and speaking with community groups about how to keep doors open without putting families at risk. With no federal sensitive locations shield in place, those steady steps may be the best chance to keep care accessible and lawful at the same time.
This Article in a Nutshell
After DHS ended the sensitive locations policy on January 21, 2025, ICE actions in California hospitals increased. State laws (AB 450, HIPAA, CMIA) and EMTALA still protect nonpublic areas, patient privacy, and emergency care. Hospitals are designating response teams, verifying warrants, documenting encounters, and training staff to reduce disruptions and the chilling effect on patients seeking care.