In July, federal immigration agents took Milagro Solis-Portillo to Glendale Memorial Hospital near Los Angeles after she suffered emergency medical care being detained. They never left the hospital.
For two weeks, Immigration and Customs Enforcement (ICE) contractors guarded the hospital lobby around the clock. They took turns monitoring his movements, said Ming Tanigawa-Lau, Solis-Portillo's lawyer.
Then, according to the lawyer, ICE transferred the Salvadoran woman to Anaheim Global Medical Center, against medical orders and without any explanation.
There, Tanigawa-Lau said, they allowed ICE agents to remain in Solis-Portillo's room the entire time, listening in on conversations between the patient and medical staff that were supposed to be confidential.
Solis-Portillo told her lawyer that police officers pressured her to say she was well enough to leave the hospital, warning her that she would not be able to contact her family or lawyer until she agreed to leave.
“She described it to me as a situation where she felt like she was being tortured,” Tanigawa-Lau said.
Lawyers explain that ICE agents may be on the case public places hospitals, for example, in the lobby, and can accompany already detained patients while they receive medical care, reflecting the scope of federal authority.
However, detained patients have rights and can try to defend themselves or seek legal advice.
This year California allocated $25 million to fund legal services for immigrants and some local jurisdictions, including counties Orange, Long Beach th San Francisco— also allocated funds for legal aid initiatives. The California Department of Human Services lists some non-profit organizations who received these funds.
Sofia Genovesesenior attorney and clinical professor at Georgetown Law School, explained that law enforcement officers, including federal immigration agents, can guard and even handcuff a person in their custody while they receive medical care.
But they must comply with constitutional laws and medical confidentialityregardless of the patient's immigration status. Under the rules, patients can request to speak confidentially with health care providers and receive confidential access to legal advice, Genovese said.
“ICE must be located outside the room or out of earshot during any conversation between a patient and their doctor or health care provider,” Genovese said, adding that the same applies to communications with attorneys. “That's what they should do.”
ICE Guides
Regarding communication and visits, ICE rules state that detainees must have phone access and be able to receive visits from family and friends “within operational and security restrictions.” However, Genovese said those guidelines are not required by law.
If immigration agents arrest a person without a court decisionthey must tell you the reason for their detention and generally cannot hold you for more than 48 hours without making a formal decision to detain you.
A federal judge recently granted temporary restraining order in a case in which a man named Byron Rovidio Marin agents were watching him immigration in a Los Angeles hospital for 37 days without charge.
In the past, if agents noticed violations, they could be reported to local ICE offices, agency headquarters or oversight agencies, Genovese explained.
But this year, the Department of Homeland Security (DHS) staff reduction ombudsman offices that investigate complaints of civil rights violations, arguing that these offices have “obstructed the enforcement of immigration laws by creating bureaucratic obstructions.”
Trisha McLaughlin, assistant secretary for public affairs at DHS, said agents arrested Marin for being in the country illegally and that he admitted his immigration status to ICE agents. McLaughlin said he was taken to the hospital after injuring his leg while trying to evade federal officers during a raid.
McLaughlin said the officers did not interfere with his ability to communicate with his family or use his phone.
“All detainees have access to telephones which they can use to contact their families and lawyers,” he added.
McLaughlin called the judge who issued the temporary restraining order an “activist.” He did not answer questions about staff reductions in the ombudsman's office.
DHS also said Solis-Portillo was in the country without authorization. According to the department, she was expelled from the United States twice and was arrested for crimes related to the use of false documents, theft and unlawful entry into a home.
“ICE takes seriously our responsibility to provide a safe, secure and humane environment for those in our custody,” McLaughlin said. “From the moment a person enters ICE custody, there is a long-standing practice of providing comprehensive health care, including access to medical prescriptions and 24-hour emergency care.”
Protection in California
Anaheim Global Medical Center did not respond to a request for comment.
IN statementDignity Health, which operates Glendale Memorial Hospital, said it “cannot legally restrict the presence of security personnel or law enforcement officers in public areas, including hospital lobbies or waiting rooms.”
In September California passed the law which prohibits health care facilities from allowing federal agents into private premises, including areas where patients receive care or discuss health problems, without producing a valid search warrant or court order.
However, many of the most visible news stories about the presence of immigration agents in health centers concerned detained patients who were transferred for treatment.
Erica Frank, vice president of legal counsel for the California Hospital Association, said hospitals have always accepted detainees seeking medical attention from authorities, including federal agents.
According to Ian Emerson-Shea, a spokesman for the association, it is the authorities who decide whether a patient needs to be constantly monitored. If a law enforcement officer eavesdrops on medical information while in the hospital, it is not a violation of the patient's privacy, he added.
“Legally, this is no different than another patient or visitor hearing information about someone in the next bed or in the emergency room,” Emerson-Shea said in a statement.
He did not answer whether patients could request confidentiality with medical staff or their lawyers, and noted that hospitals do not tell relatives and friends about the whereabouts of a detained patient for security reasons.
Sandy Reding, president of the California Nurses Association, visited the Glendale facility when Solis-Portillo was hospitalized. He said both nurses and patients were scared when they saw masked immigration agents in the hospital lobby. He said he saw them sitting at the table where patients are registered, where they could overhear conversations about private medical information.
“Hospitals used to be a safe place, but now they are no longer safe,” he said. “And it looks like ICE is operating without restrictions.”
The Los Angeles County Board of Supervisors plans to vote on Nov. 18. offer provide greater protection for people detained in county health facilities. These measures include limiting the ability of immigration officers to conceal patients' identities, allowing patients to consent to sharing information with family members and lawyers, and instructing staff to require immigration agents to leave the room at certain times to protect patient privacy. The District will also protect employees who attempt to enforce its policies.
Solis-Portillo's lawyer, Tanigawa-Lau, said her client ultimately decided to voluntarily return to El Salvador rather than fight her case because she felt she couldn't get the medical care she needed while in ICE custody.
“Although the Milagro case is truly terrible, I am glad that there is now more awareness about this issue,” Tanigawa-Lau said.
