by Monique O. Maden
As coronavirus continues to make its way through the U.S., immigration activists worry that undocumented immigrants may fail to get treatment if they have symptoms, fearing they will be detained by immigration authorities.
Hundreds of advocates across the U.S. are pressing the Trump administration to not allow the coronavirus response to trigger immigration enforcement.
“If people are afraid to go to a hospital or to respond to requests from public health officials, then they — and all of us — are at much greater risk,” said Amy Kapczynski, a senior policy analyst with the American Civil Liberties Union and a professor of law at Yale Law School. “We need to protect our communities by enabling everyone to seek care and to help in the response.”
Kapczynski is one of 499 other U.S. public health and legal experts who wrote an open letter Monday to Vice President Mike Pence, the head of the president’s coronavirus task force.
In the letter, the group presses the government to deem hospitals as “enforcement-free zones,” similarly to immigration officials’ position during hurricanes and other major emergencies, including after the 9/11 terrorist attacks.
Failing to do so “will undermine individual and collective health if individuals do not feel safe to utilize care and respond to inquiries from public health officials, for example during contact tracing,” the letter said.
Historically, Immigration and Customs Enforcement and U.S. Customs and Border Patrol have said that they won’t engage in immigration enforcement procedures — arrests, searches or interviews —at hospitals, schools or places of worship, designated as “sensitive zones,” unless there are “exigent circumstances.”
Though neither the White House nor the Department of Homeland Security has commented on whether it will officially declare healthcare facilities enforcement-free zones amid the outbreak, ICE told the Miami Herald on Tuesday that coronavirus would not fall under the emergency category.
“Coronavirus is not considered an exigent circumstance, and individuals seeking medical treatment for the virus should continue to do so without fear or hesitation,” ICE said in an email. “Claims to the contrary are false and create unnecessary fear within communities.”
About two dozen South Florida hospitals told the Miami Herald it’s not their practice to notify immigration officials when treating undocumented immigrants.
Under the Emergency Medical Treatment and Active Labor Act, all hospitals are required to screen and provide medical treatment to any person who arrives at the emergency department, regardless of immigration status. All patients are also protected by federal and state confidentiality laws, meaning the hospital does not have an obligation to notify immigration authorities.
None of the hospitals that the Herald contacted would disclose whether or not they would allow immigration agents on the property.
Those facilities include hospitals that belong to the Jackson Health System, Baptist Health South Florida, University of Miami Health System, Memorial Healthcare System and Broward County’s public hospital system, in addition to Mount Sinai Medical Center, Coral Gables Hospital, Hialeah Hospital, North Shore Medical Center in Miami, Palmetto General Hospital in Hialeah, Aventura Hospital, Kendall Regional Medical Center, Mercy Hospital and Nicklaus Children’s Hospital.
Despite hospitals being classified as “sensitive locations,” it’s not unheard of for immigration agents to make an appearance.
In October, Customs and Border Patrol officials conducted a traffic stop. The person in the vehicle had an anxiety attack, so CBP called an ambulance. The undocumented person was transported to the hospital by paramedics and CBP followed. Once the person was medically cleared by hospital personnel, agents detained her and took her to the agency’s processing center. Footage of the incident circulated the internet.
“Miami Sector does not conduct any enforcement operations in hospitals — however agents will transport persons in custody and remain with them until medically treated and cleared,” CBP told the Herald in a statement.
Lis-Marie Alvarado, the program director of American Friends Service Committee, a nonprofit immigrant organization in Miami, told the Herald immigrant families in South Florida are thinking twice before going to seek medical services.
“The threat of ICE raids in hospitals is real, but we are urging the community to take measures to prevent the coronavirus and to go seek medical attention at our community clinics and public hospitals if they have any symptoms,” Alvarado said.
Some of those clinics, which serve immigrant and low-income families — include Martin Luther King Health Center, Community Health of South Florida, Open Door Health Center and AIDS Healthcare Foundation Centers.
Monique O. Madan covers immigration and enterprise; she previously covered breaking news and local government. Her work has appeared in The New York Times, The Boston Globe, The Boston Herald and The Dallas Morning News. She is currently a Reveal Fellow at the Center for Investigative Reporting. She graduated from Miami Dade College and Emerson College in Boston. A note to tipsters: If you want to send Monique confidential information, her email and mailbox are open. The address is 3511 NW 91st Ave, Doral, FL 33172. You can also direct message her on social media and she’ll provide encrypted Signal details.
For more information contact us at http://www.beverlyhillsimmigrationlaw.com/
For more information contact us at http://www.beverlyhillsimmigrationlaw.com/
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