In a move to safeguard access to healthcare for all Maryland residents, Attorney General Anthony G. Brown has released new guidance for healthcare providers on how to handle immigration enforcement operations at medical facilities. The guidance aims to ensure that healthcare facilities comply with federal and state laws while protecting patients’ rights and maintaining access to essential medical services, regardless of immigration status.
The announcement comes amid heightened concerns over increased federal immigration enforcement and its potential chilling effect on immigrant communities. Many immigrants, fearing deportation, have avoided seeking medical care, putting their health and safety at risk. Attorney General Brown emphasized that no one should have to choose between their health and their safety.
“No Marylander, regardless of immigration status, should have to choose between their health and safety,” said Attorney General Brown. “This guidance helps healthcare providers understand what to do when facing immigration authorities so they can protect patients, follow the law, and provide top-notch care.”
The guidance outlines key steps healthcare providers should take if immigration officers appear at their facilities. These include:
- Requesting and Recording Credentials: Staff should ask for and document the immigration officer’s credentials and contact legal counsel immediately.
- Right to Remain Silent: Staff and patients may choose not to answer questions from immigration officers.
- Protecting Patient Information: Staff should not disclose patient information unless presented with a judicial warrant, subpoena, or summons.
- Restricted Access: Immigration and Customs Enforcement (ICE) officers have no right to access restricted areas of a facility without a warrant or under narrow emergency circumstances.
- Avoiding Obstruction: Staff should not attempt to block officers from public spaces, conceal patients, or take actions that could interfere with an investigation.
The guidance also advises healthcare providers to consult with legal counsel before disclosing any patient information to immigration officials. Additionally, healthcare facilities are encouraged to review their current policies and implement training programs to ensure compliance with these guidelines while continuing to provide care to all Maryland residents.
The document is not only intended for healthcare providers but is also being made available to the public. Attorney General Brown emphasized transparency and his commitment to upholding the rule of law as key reasons for releasing the guidance to the broader community.
The move has been praised by immigrant rights advocates, who argue that fear of deportation has deterred many immigrants from seeking necessary medical care, including emergency services, prenatal care, and treatment for chronic conditions. By clarifying the rights and responsibilities of healthcare providers, the guidance aims to reduce this fear and ensure that all Maryland residents can access healthcare without hesitation.
However, the guidance has also sparked debate. Critics of stricter immigration enforcement argue that ICE operations near medical facilities undermine public health and create an atmosphere of fear. Supporters of stronger immigration policies, on the other hand, contend that federal law enforcement should have the ability to carry out its duties without obstruction.
Maryland’s proactive approach reflects a broader trend among states and localities seeking to balance federal immigration enforcement with the need to protect vulnerable populations. As the national debate over immigration continues, Maryland’s guidance serves as a model for other states grappling with similar challenges.
For now, the guidance provides clarity for healthcare providers and reassurance for immigrant communities. As Attorney General Brown stated, “This is about ensuring that everyone in Maryland can access the care they need, when they need it, without fear.”
