Learn about the Limitations that ICE has for entering private areas in hospitals
February 19, 2025
The immigration authorities can only access public areas of hospitals without a court order, while entry into private areas requires a warrant.
As part of the measures taken by the administration of Donald Trump, and as explained in an article published on WLRN.COM, the 2011 policy limiting the actions of immigration agents in "sensitive areas," such as churches, hospitals, and schools, was revoked. This decision was part of Trump’s campaign promises to tighten policies against undocumented immigrants.
However, despite the policy change, immigration authorities can only access public areas of hospitals without a court order, while entry into private areas requires a warrant.
WLRN.COM mentions in its article that hospitals in South Florida, such as those operated by HCA Healthcare and Jackson Health System, continue to comply with federal regulations that require emergency medical care to be provided to all individuals, regardless of their immigration status. "We provide care to all patients who come to our facilities in accordance with the Emergency Medical Treatment and Labor Act (EMTALA)," said a spokesperson for HCA Healthcare's East Florida division, which operates 14 hospitals in South Florida. EMTALA is a federal regulation that mandates hospitals to provide emergency medical services to anyone, regardless of their ability to pay, including undocumented immigrants.
WLRN.COM recently interviewed Paul Chavez, director of litigation for Americans for Immigrant Justice, who stated, "Often, ICE shows up at locations with a notice stating that a search warrant is required. This does not give them any authority to search what would otherwise be private areas. Therefore, the designated person must be very careful to ensure that what they see is a real search warrant," he said.
This is a brief overview of the daily challenges immigrants and the institutions that serve them face to ensure their rights are not denied.
In contrast, while immigrant advocates carefully study each situation to ensure due process, efforts and intentions to make the path increasingly difficult for those living in the country illegally persist.
In the state of Florida, Governor Ron DeSantis and legislators are working hard to implement new projects and enforce those already in place. Among these projects are proposals such as making it a state crime to enter Florida without legal authorization. Another measure supported by DeSantis would require the preventive detention of individuals who are in the country without legal authorization and are accused of serious crimes.
New powers would allow Florida police to interrogate and arrest suspected undocumented immigrants. Similarly, the proposed bill would increase criminal penalties for undocumented immigrants who commit crimes and establish the death penalty for those convicted of capital offenses. The measure would also repeal a state law that allows Florida students who lack legal immigration status to qualify for in-state tuition at public colleges and universities.
As evident, defending immigrants, especially those who are undocumented, has become an even greater challenge since Trump took office. However, at PIKES PEAK IMMIGRATION, we continue working diligently to keep families united.
According to sources such as Newbreak, several specific cases have emerged where a judge dismisses the case during the hearing, but ICE officers are waiting outside the courthouse to detain the individual as they leave. Newbreak.com recently reported that at least eight arrests of this kind have taken place in Memphis, with similar cases occurring in other parts of the country as well. One of the most recent known cases involved a 20-year-old Venezuelan student who was arrested by ICE officers after leaving a courtroom in New York. The young man, named Dylan, was in the process of applying for asylum. He attended the hearing with his mother, without a lawyer, believing it was a routine appearance that would have no consequences. In another instance, four asylum seekers were arrested by ICE on May 27, 2025, at the San Francisco Immigration Court while attending hearings to present their asylum applications. According to an article published by La Nación, a New York judge reported that ICE agents have been arresting undocumented immigrants inside state courthouses, despite existing laws that prohibit such practices. These arrests have raised serious concerns among civil rights advocates and immigrant communities, particularly in light of the stricter immigration policies implemented since Donald Trump returned to the presidency in January 2025. Importantly, in most of these cases, the individuals arrested attended their hearings without legal representation. This likely contributes to the effectiveness of these arrests, as ICE may be taking advantage of the detainees’ lack of legal knowledge. While having an attorney present does not guarantee protection from arrest, it is considered a significant advantage. Legal representation can help build a stronger case and present more compelling legal arguments to prevent arbitrary detention. At Pikes Peak Immigration, we continue to fight for the rights of our immigrant communities. If you need legal guidance, don’t hesitate to contact us at 719-602-4477.
On April 15, 2025, the U.S. Department of Justice fired immigration attorney Erez Reuveni following his handling of the case of Kilmar Abrego García, a Salvadoran man who was mistakenly deported to El Salvador. Reuveni had acknowledged during a court hearing that the deportation was an "administrative error" and expressed frustration over the government's failure to provide clear answers on how to reverse the situation. According to CNN, “Reuveni was initially placed on administrative leave days after expressing frustration over the government's inability to provide answers to a judge’s questions in the case. In court, he said of the government’s position: ‘Our only arguments are jurisdictional... He should not have been sent to El Salvador.’” His dismissal was interpreted as a consequence of failing to fully support the administration’s official position. Attorney General Pam Bondi defended the decision, stating that lawyers must “zealously” advocate for the administration’s policies or face consequences. Presidential advisor Stephen Miller downplayed the error, blaming it on a poorly worded line written by the attorney. However, Reuveni’s case is not an isolated incident. According to NBC Boston, “The U.S. Department of Justice has fired more than two dozen employees, most of whom worked in immigration courts... An immigration judge assigned to Massachusetts, who was fired on Friday, and the union representing immigration judges nationwide are speaking out about the dismissals, which come as President Donald Trump moves swiftly to reduce the federal workforce.” As for Kilmar Abrego, “a federal judge ordered his return to the U.S., but the U.S. Supreme Court temporarily blocked the order. The president of El Salvador, Nayib Bukele, refused to facilitate his return, labeling him a ‘terrorist’ and claiming he would not ‘traffic a terrorist back into the U.S.,’” El Salvador News recently reported. Despite intimidation and increasingly harsh immigration policies, at Pikes Peak Immigration, we continue to defend immigrants and pursue every solution to keep families together.
According to documents reviewed by The Washington Post , the Department of Justice (DOJ) recently authorized access for approximately six advisors from the Department of Government Efficiency (DOGE) to the ECAS system—a highly confidential database that contains detailed information on millions of immigrants, including names, addresses, medical histories, and court testimonies. This system, typically restricted to attorneys and federal investigators, holds records of all interactions—both legal and undocumented—between immigrants and the U.S. government dating back to the 1990s. Among the DOGE advisors granted access are individuals connected to Elon Musk, including employees from his private equity firm. One of them, Marko Elez, has previously been linked to racist social media posts. This access was granted despite a federal judge in Maryland issuing a temporary restraining order in February of this year against the Department of Education and the Office of Personnel Management (OPM). In her opinion, the judge stated that the plaintiffs—which include members of several major labor unions—demonstrated that the Department of Education and the OPM "likely violated the Privacy Act by disclosing personal information to DOGE affiliates without consent," as reported by Telemundo40 a few months ago. The access is part of a broader effort by the Trump administration and DOGE to collect data from multiple federal agencies—including Medicare, the IRS, the SSA, and HUD—with the aim of ramping up deportations and excluding immigrants from social benefits. Some tactics reportedly include declaring living immigrants as deceased to pressure them into leaving the country. As The Washington Post reported after investigating the matter, "DOGE has frequently sought data originally provided for specific purposes—such as tax filing or housing assistance. The team's methods have alarmed legal and privacy experts, as well as federal employees, who note that the data DOGE is analyzing is typically accessible only to a select group of highly trained personnel." Legal and privacy experts have raised serious concerns over the lack of oversight and the risks posed by granting access to such sensitive data—especially for immigrants who have followed legal immigration procedures. If you are an immigrant or know someone at risk of deportation, contact us for assistance at 719-602-4477.
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