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Immigration Raids and Arrests - Know Your Rights

 

 

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For Staff

What Do I Do If an ICE Agent Comes Looking for a Patient or Patient Information?

Most of the time ICE (Immigration and Customs Enforcement) agents are supposed to avoid "Protected Areas" (formerly termed "sensitive locations") such as hospitals and doctors’ offices (also schools, places of worship, weddings and funerals, and public demonstrations). ICE agents can enter these places if they get a supervisor’s approval, or in situations related to national security, terrorism, or public safety, or where there is an imminent risk of destruction of evidence in an ongoing criminal case. New guidelines, published October 27, 2021, renamed these "sensitive areas"and additional locations “Protected Areas”. The guidelines expand the list of protected areas and includes information about actions near a protected area. More information, including how to report violations: Immigration Enforcement-"Protected Areas" Policy Replaces "Sensitive Location" Policy, MGH Community News, February 2022.

In case of ICE request, Partners SharePoint site has frequently asked questions and resources: https://partnershealthcare.sharepoint.com/sites/phsPayerInformation/aca/SitePages/Immigration%20Resources.aspx

Excerpts from above:

  • If an Immigration and Customs Enforcement (ICE) or Department of Homeland Security (DHS) Agent asks for a patient or patient information, do not provide any information about the patient. Contact your supervisor immediately.
  • The supervisor should:
    • Contact the Partners Office of General Counsel (OGC)- a staff attorney is on call 24/7
      • During normal business hours- call 857-282-2020
      • During off hours- call either the MGH Page Operator at 617-726-2241or the BWH Page Operator at 617-732-6660

    AND

    • Contact Police and Security.
  • Do not volunteer any information.  
  • A badge is not enough.  ICE, DHS or any other governmental entity must have a warrant or court order signed by a judge.

Should clinicians or staff keep a patient’s immigration status on file?

Clinicians should be mindful that information placed in the medical record or any other business or clinical record kept by them can be accessed by law enforcement, including immigration officials, and used as evidence of a patient’s immigration status. Therefore, unless it is demonstrably relevant to their health care to include such information, it is highly recommended that any reference to the patient’s or their family’s immigration status not be included in the medical record or any other business or clinical record kept by the clinician.

 

For Patients/Families

 


  Patient Handouts from the CRC

 

Know Your Rights- prepare in advance!

  • Know Your Rights "Red Cards" - cards advise immigrants of their legal rights if stopped by immigration authorities and can be given to authorities to indicate that individuals are exercising their rights.
  • We Have Rights videos- What to do when interacting with ICE - ACLU
    • Available in multiple languages (English, Spanish, Urdu, Arabic, Haitian Creole, Russian and Mandarin). Provides real life action points for how to handle interactions with ICE in various settings. 

      Videos (each is 3-4 minutes in length):

      • We Have Rights: When ICE is Outside our Doors
      • We Have Rights: Inside Our Homes
      • We Have Rights: In Our Communities, In Our Streets
      • We Have Rights: If ICE Arrests Us

  • Know Your Rights - website, scroll to bottom of page (information in English and Spanish) - MIRA Coalition (Mass. Immigrant and Refugee Advocacy Coalition)
  • What to do if stopped and questioned about your immigration status on the street, the subway or the bus- ACLU of MA
  • Know Your Rights with ICE (2-page flyer available 16 languages) - Immigrant Defense Project (note- located in NYC, content except for phone contacts relevant)
  • Immigration Arrests in the Community: What You Need to Know to Protect Your Rights- (11-page booklet detailing trends in enforcement and your rights, available in English and Spanish)- Immigrant Defense Project (note- located in NYC, content except for phone contacts relevant)
  • January 2016: RAIDS Rapid Response Toolkit from CASA de Maryland
  • You can contact MIRA with questions or concerns 617-350-5480

Have a Plan - Family Preparedness

In the News

 

See older materials- "Develop a Safety Plan" below as well

-This section updated 11/16

 

2007 Materials:

In the wake of the New Bedford immigration raids (2007), the Massachusetts Immigrant and Refugee Advocacy Coalition (MIRA) has gathered materials prepared by immigrant rights groups throughout the country. Some tips follow, and attached are the original, more comprehensive, documents that can be given to clients. Download a copy of the 8-page Information Packet.

The right to remain silent

If you are arrested it is your right to refuse to answer any question. Don’t lie! Don’t say anything or say only: “I need to speak to my lawyer.”

In some states, it is a minor crime not to provide your name when asked by a police officer. While punishment for these crimes is minor, you still could be arrested for not providing your name. Remember that providing your name has risks, and that your name can be used to start a deportation process.

If you are undocumented

    • Don’t provide government officials information about your immigration status.
    • Do not lie.
    • Do not give false documents.
    • Do not carry papers from another country. If you do, the government can use this information in a deportation proceeding.
    • Show them the Know Your Rights Card (content below).

Right To Remain Silent Card - Sample:

TO WHOM IT MAY CONCERN: Please be informed that I am choosing to exercise my right to remain silent and the right to refuse to answer your questions. If I am detained, I request to contact an attorney immediately. I am also exercising my right to refuse to sign anything until I consult with my attorney.

If Police or Immigration Comes To Your HOME:

You have the right to see a warrant, signed by a judge, if the Police Department, FBI, Immigration or other government official tries to enter your home. The warrant will specify the areas that the official has the right to search.

If Police Or Immigration Comes To Your WORKPLACE:

Immigration must have a warrant signed by a judge or the employer’s permission to enter your workplace. If it is a public place, they do not need a warrant. Stay calm. Do not run. This may be viewed as an admission that you have something to hide.

If Police Or Immigration STOPS YOU IN A PUBLIC PLACE:

If an immigration officer stops you on the street and does not have a warrant, he may not arrest you unless he has evidence that you are a non-citizen.

    If you are arrested you should...

    1. Find out who has arrested you.
    2. Don’t sign any documents before speaking with a lawyer.
    3. Contact your attorney or a family member
    4. Contact your consulate
    5. Ask for bond

If you are accused of a crime...

Ask your attorney to help you get released from police custody.

If you are arrested by local police, they must charge you with a crime in court within 48 hours (not counting weekends and holidays), or else release you. If police do file criminal charges, then you must still be released if (1) the charges are dropped, (2) you are granted and post bail, (3) you win your criminal case, or (4) you complete your sentence. The police may contact Immigration to learn more about your immigration status. For example, if you have an outstanding deportation order, the police may inform Immigration that you are in police custody. Immigration may then place a “detainer” on you, which gives Immigration an additional 48 hours to pick you up. If Immigration fails to pick you up within this time, the police must release you.

Develop A Safety Plan

Make A Plan Of Action With Your Co-Workers

Talk with your co-workers to see if they are willing to make a collective decision that everyone - regardless of their immigration status - will remain silent and ask to speak with an attorney in the event of a workplace raid. Tell co-workers not to run and to remain calm if there is a raid. If there is a union at your workplace, contact your union spokesperson to find out more about preparing for a raid.

    1. Know What Documents You Should Carry With You
    2. Make A Plan To Care For Your Family
    3. Find An Immigration Attorney
    4. Have A Copy Of All Immigration Documents

- Materials prepared by:  CASA of Maryland, Detention Watch Network, National Immigration Project of the National Lawyer’s Guild, Silver Spring, MD, March 2007.  Forwarded byMIRA, MIRA Bulletin - April 11, 2007.

Download a copy of the 8-page Information Packet.