{"id":618812,"date":"2026-05-02T07:21:21","date_gmt":"2026-05-02T07:21:21","guid":{"rendered":"https:\/\/www.newsbeep.com\/us\/618812\/"},"modified":"2026-05-02T07:21:21","modified_gmt":"2026-05-02T07:21:21","slug":"illinois-hospitals-set-protocols-for-ice-whether-federal-agents-will-follow-them-is-not-clear","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/us\/618812\/","title":{"rendered":"Illinois Hospitals Set Protocols for ICE. Whether Federal Agents Will Follow Them Is Not Clear"},"content":{"rendered":"

This story was originally published by Borderless Magazine.\u00a0Sign up for its newsletter to learn the latest about Chicago\u2019s immigrant communities<\/a>.\u00a0<\/p>\n

CHICAGO \u2014 After Sahida Martinez asked a family why they hadn\u2019t taken a father with diabetes to the hospital when something was wrong with his toe, they said it was because they were afraid of Immigration and Customs Enforcement. By the time he went, his toe needed to be amputated, Martinez recalls.<\/p>\n

\u201cThis is one case,\u201d Martinez said. \u201cHow many cases are in our community that are in the same situation?\u201d<\/p>\n

The fear of being arrested by ICE is widespread across Chicago, especially on the Southwest Side, where Martinez leads a group of\u00a0promotoras de salud<\/a>, or community health workers. Based on over a decade of experience connecting residents with health resources through the local social services organization Enlace Chicago, she\u2019s noticed the fear of ICE has kept many from seeking treatment at hospitals.<\/p>\n

To help combat the fear of immigration enforcement in sensitive locations and enact stronger regulations protecting immigrant access at courthouses, hospitals and universities, Illinois lawmakers proposed H.B.1312 last year. The bill was signed into law in December and, among other ICE-related provisions, requires Illinois hospitals to implement policies governing staff interactions with immigration enforcement to protect patients\u2019 medical privacy.<\/p>\n

\u201cEvery person in Illinois deserves access to healthcare without fear,\u201d said Dr. Sameer Vohra, Director of the Illinois Department of Public Health (IDPH) in\u00a0December<\/a>. \u201cThis new law reinforces IDPH\u2019s commitment to building a healthier and safer Illinois for all families and communities.\u201d<\/p>\n

Now, as hospitals prepare for situations that\u2019ll put their policies to the test, some medical staff and advocates are wondering whether internal rules are enough to protect patients in the face of federal authority.<\/p>\n

\u201cIt\u2019s very hard with somebody who has a gun and says [they\u2019re] a federal agent,\u201d said Jos\u00e9 S\u00e1nchez, CEO of Humboldt Park Health. \u201cWhat are we going to do?\u201d<\/p>\n

New Law Aims To Limit ICE\u2019s Hospital Presence<\/p>\n

The Health Care Sanctity and Privacy Law required hospitals to develop policies for interactions with immigration enforcement agents by March. It also required hospitals to designate a staff contact person to interact with agents and maintain a separate waiting area for agents conducting immigration enforcement.<\/p>\n

The law does not ban ICE agents\u2019 presence on hospital grounds.<\/p>\n

The legislation is similar to a bill passed in California last year that restricts hospitals from sharing a patient\u2019s immigration status, and requires healthcare facilities to designate private areas where immigration enforcement cannot be conducted without a judicial warrant.<\/p>\n

Illinois and California are among the few states with laws addressing immigration enforcement in hospitals, according to Meghan Carter, a senior staff attorney at the Legal Council for Health Justice. Carter helped draft the hospital provision of H.B. 1312.<\/p>\n

\u201cThere really weren\u2019t many samples\u201d to draw inspiration from when drafting the Health Care Sanctity and Privacy Law, Carter said.\u00a0<\/p>\n

IDPH has been overseeing the rollout of the healthcare privacy law and has the authority to fine hospitals that do not comply with its regulations. Over 200 Illinois hospitals overseen by IDPH have submitted policies in compliance with the law, and no hospitals have been fined as of March 30, according to records obtained through a Freedom of Information request by Borderless.<\/p>\n

An IDPH spokesperson did not respond to a request for comment on how many hospitals have complied with other requirements of the new law, including displaying multilingual information about immigration rights in areas accessible to patients and visitors.<\/p>\n

Carter said the healthcare privacy law\u2019s requirements were modeled after the Illinois Coalition for Immigrant and Refugee Rights\u2019 (ICIRR) framework for what a welcoming hospital should look like.\u00a0<\/p>\n

\u201cThe design of the law is to ensure that hospitals are equipped to respond to federal or other immigration officials if they come to the hospital site,\u201d Carter said. \u201cUnfortunately, because of federal law, we can\u2019t tell ICE what to do, but we can equip hospitals to respond to ICE.\u201d<\/p>\n

Operation Midway Blitz Sets The Stage For The New Law<\/p>\n

Immigration advocates involved in drafting the law had been working on it since late summer last year, according to Luvia Qui\u00f1ones, senior director of health policy for ICIRR.<\/p>\n

But when Operation Midway Blitz began in the fall, Qui\u00f1ones said ICIRR heard reports from elected officials, immigrant-serving organizations and hospitals themselves that ICE agents had been entering hospitals and \u201croaming the hallways.\u201d It left staff uncertain of what to do, and Qui\u00f1ones said the activity moved up the timeline for the legislation.<\/p>\n

\u201cThankfully, there was a lot of interest among legislators,\u201d Qui\u00f1ones said.<\/p>\n

In October last year, ICE agents were stationed at Humboldt Park Health for seven days while monitoring a man hurt during his arrest, according to Ald. Jessie Fuentes (26th), who was captured on video being handcuffed by ICE agents at the hospital.<\/p>\n

\u201cOut of an abundance of caution [the man who was injured] was taken to [Humboldt Park] hospital for medical treatment,\u201d a Department of Homeland Security (DHS) spokesperson shared of the October situation.<\/p>\n

The spokesperson said Fuentes was \u201cescorted out in handcuffs\u201d but was never placed under arrest.\u00a0<\/p>\n

S\u00e1nchez, the hospital\u2019s CEO, said agents followed the injured man at every step of his treatment, despite medical privacy laws. S\u00e1nchez said the agents were not conducting immigration arrests at the hospital.\u00a0<\/p>\n

\u201cOnly the treating physician or clinician [can] have access to your medical care \u2014 it\u2019s a privacy act in healthcare,\u201d S\u00e1nchez said. \u201cThey broke the rule.\u201d<\/p>\n

\"\"Humboldt Park Health CEO and president Jos\u00e9 S\u00e1nchez says federal agents broke privacy laws by listening to a detained man\u2019s private information and accompanying him throughout his treatment last year. Credit: Camilla Forte\/Borderless Magazine\/Catchlight Local\/Report for America<\/p>\n

Fuentes said agents\u2019 presence spread fear and panic among others looking for help at the hospital.<\/p>\n

\u201cIt was scaring patients from going to the clinic,\u201d Fuentes said. \u201cWhat we didn\u2019t want is that people would fear dealing with a crisis or a medical emergency.\u201d<\/p>\n

When asked whether immigration agents violated a man\u2019s medical privacy at Humboldt Park Health, a DHS spokesperson said over email that agents \u201cwould only go into a hospital if there were an active danger to public safety.\u201d<\/p>\n

\u201cICE does not conduct enforcement at hospitals \u2014 period,\u201d the spokesperson shared. \u201cOf course, if we have a detainee we need to take to the hospital for medical care, we have officers accompany them for their monitoring, safety of the staff, and the public. This is standard procedure for all law enforcement agencies.\u201d<\/p>\n

Hospitals Start Rolling Out New Policy<\/p>\n

Hospitals such as Sinai Chicago, Cook County Health, University of Illinois Hospital, Rush Medical Center and Northwestern Memorial have created policies outlining how staff will respond during interactions with immigration enforcement agents.<\/p>\n

According to Cook County Health policy, which includes John H. Stroger Hospital, outside law enforcement, such as ICE, in \u201cCCH Emergency or Trauma Departments\u201d must notify a CCH police officer or security officer \u201cas soon as reasonably practicable after their entrance upon CCH Facilities.\u201d<\/p>\n

\u201cPer our policy, all law enforcement agents are required to check in with our hospital police or security teams when they come to campus in their official capacity,\u201d said Imani Harris, communications manager for Cook County Health, in an email. \u201cWe put up signage on our facility entrances in September 2025 to make that clear.\u201d<\/p>\n

\"\"John H. Stroger Hospital put up permanent signage stating the limits of immigration enforcement on its property. Credit: Camilla Forte\/Borderless Magazine\/Catchlight Local\/Report for America<\/p>\n

According to public records requests, many Chicago-area hospitals share similar protocols for designating staff to interact with law enforcement in accordance with the new healthcare privacy law.\u00a0<\/p>\n

However, some policies are more specific and in-depth than others. Sinai Chicago, for instance, requires an internal attorney to review warrants shown by law enforcement agents to determine whether they\u2019re allowed in private areas of the hospital.<\/p>\n

Sinai Chicago also requires the human resources department to train staff on following their law enforcement policy.<\/p>\n

An IDPH spokesperson said they are in the process of reviewing hospitals\u2019 submitted policies and \u201cwill continue working closely with healthcare providers to keep Illinois communities safe and healthy.\u201d<\/p>\n

S\u00e1nchez said Humboldt Park Health has developed a response protocol, or response tree, that outlines how staff should respond to ICE\u2019s presence, depending on the time of day and whether agents have a warrant. However, he said meaningful oversight of ICE agents ultimately rests with the federal government \u2014\u00a0not hospitals.\u00a0<\/p>\n

\u201cIt is a very robust system in place that we have,\u201d S\u00e1nchez said. \u201cBut that doesn\u2019t really mean that [ICE agents] follow the policy.\u201d<\/p>\n

Aside from the sensitive location protections, the passage of H.B. 1312 allowed for any person to bring a noncriminal lawsuit against an agent who \u201cknowingly engages in conduct that violates the Illinois Constitution or the United States Constitution\u201d\u00a0during civil immigration enforcement.<\/p>\n

Legal experts analyzing the law have said the provision, entitled the Illinois Bivens Act, aligns with the longstanding U.S. tradition of having state and federal governments \u201ccheck and balance each other<\/a>\u00a0to keep everyone in line with the Constitution.\u201d<\/p>\n

However, University of Illinois Urbana-Champaign law professors Vikram David Amar and Jason Mazzone\u00a0wrote<\/a>\u00a0in a November article that, among other issues with the Bivens Act, federal law is supreme over state law and constitutions, and that federal officials cannot be \u201cburdened by unwanted state regulation\u201d if their actions do not violate the U.S. Constitution.<\/p>\n

\u201cThere are portions of the larger bill of which the Bivens Act is a part that will almost certainly fail to survive federal constitutional challenge,\u201d Amar and Mazzone wrote in November.<\/p>\n

As for hospitals that may violate the Health Care Sanctity and Privacy Law, Carter said community members can file a complaint with\u00a0IDPH<\/a>\u00a0by phone, email, online or fax.<\/p>\n

According to\u00a0IDPH\u2019s website<\/a>, complaints are investigated based on priority, which can take days or months, depending on the nature, scope, and severity of the complaint allegations.<\/p>\n

IDPH did not respond to a request for comment on whether any complaints have been filed since March.<\/p>\n

\"\"Sahida Martinez, who leads Enlace Chicago\u2019s promotoras de salud, or community health workers, has noticed that the fear of ICE has kept many from seeking treatment at hospitals. Credit: Camilla Forte\/Borderless Magazine\/Catchlight Local\/Report for America<\/p>\n

As hospitals\u2019 plans roll out and IDPH reviews proposed policies, Martinez, an immigrant herself, said she fears what would happen if she encouraged someone to go to a hospital and they were arrested by ICE.<\/p>\n

However, she said having the Health Care Sanctity and Privacy Law in place gives her and other advocates an opportunity to fight back if hospitals don\u2019t follow it.<\/p>\n

Every law, she said, is another way she and other community health workers can advocate for the community\u2019s access to health care.<\/p>\n

\u201cFor promotoras, [it\u2019s] like a new tool,\u201d Martinez said. \u201cThis is my tool to fight this situation with ICE in our community.\u201d<\/p>\n

Support Local News!<\/p>\n

When you support Block Club, you\u2019re helping us share the work of all of Chicago\u2019s nonprofit newsrooms. Subscribe to Block Club Chicago<\/a>, an independent, 501(c)(3), journalist-run newsroom. Already subscribe?\u00a0Support Block Club with a tax-deductible donation.<\/a><\/p>\n

Listen to the Block Club Chicago podcast:<\/p>\n","protected":false},"excerpt":{"rendered":"This story was originally published by Borderless Magazine.\u00a0Sign up for its newsletter to learn the latest about Chicago\u2019s…\n","protected":false},"author":2,"featured_media":618813,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[59],"tags":[97,252,253,101047],"class_list":["post-618812","post","type-post","status-publish","format-standard","has-post-thumbnail","category-health-care","tag-health","tag-health-care","tag-healthcare","tag-operation-midway-blitz"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/618812","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/comments?post=618812"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/posts\/618812\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media\/618813"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/media?parent=618812"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/categories?post=618812"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/us\/wp-json\/wp\/v2\/tags?post=618812"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}