Question: It has been reported that dentists and other health care professionals have been visited/contacted by U.S. Immigration and Customs Enforcement agents seeking to carry out “immigration policies” and to remove those unlawfully in the United States. How should I go about handling a visit from an ICE agent?
Answer: ICE is the federal agency within the U.S. Department of Homeland Security given authority to enforce immigration laws, including the removal of individuals who are unlawfully present in the United States. On Jan. 20, 2025, a longstanding ICE policy that limited ICE enforcement actions at “sensitive locations” such as schools, medical facilities, and religious institutions was revoked. This has resulted in the visits/contacts you describe.
ICE agents are permitted to enter public areas of your office (i.e. waiting rooms, lobbies, parking lots, and any other places that are generally open to the public) without a warrant. Note also that ICE agents can look at anything that is in “plain view.” This includes computer screens or papers they can see in public areas. They can also use any information they overhear while in a public area. ICE agents cannot access private or non-public areas (such as break rooms, exam rooms, offices, etc.) without a valid judicial warrant, administrative warrant, or subpoena.
If your office has a law enforcement policy, you should follow the process set forth in that policy. For example, a policy may designate a certain person who will be responsible for interacting with the ICE agent, contacting your legal counsel, etc. If your office does not have a policy, you should first verify the person’s identity and confirm that the person is an ICE agent or other law enforcement official by asking for identification (such as a business card, badge, obtaining the person’s name and title, etc.). ICE agents generally wear uniforms. If there are patients or other staff present, ask the agent to step into a public area away from others. You are not under any circumstances allowed to hide evidence, conceal individuals who are the targets of law enforcement, or otherwise interfere with an arrest.
Once you have confirmed that the person is an ICE agent, ask about the purpose of the visit and whether the agent has a judicial warrant, administrative warrant, or subpoena. If you are provided with one of these documents, you should ask the ICE agent to wait while you contact your attorney to review the document.
HIPAA permits disclosure of dental records and other protected health information to law enforcement only under certain specified circumstances. You are not required to disclose protected health information (or any other information) if the ICE agent does not have the proper subpoena or warrant authorizing a search or disclosure of these records and information. This includes verbal questions by an ICE agent, such as whether a certain individual is a patient of the office/facility and/or a patient’s immigration status (if such information is maintained in the patient’s medical record).
If your office does not have a policy to deal with visits by law enforcement, now is a good time to work with your legal counsel to put one in place. It should address how to conduct interactions with law enforcement, and specifically identify the areas of the office that are “private” and the areas that are “public.” The policy should also designate an individual or individuals who will be responsible for interacting with law enforcement and/or who can serve as the point of contact for personnel and legal counsel, even when not on-site at the office or facility. These individuals should be familiar with the office/facility’s rights and responsibilities. Consider providing training to staff on your policy and what to do if an ICE agent or other law enforcement appears.
This article originally appeared in the March 2025 edition of the Journal of the Michigan Dental Association.
