California Lawmakers Push Bills to Protect Detained Patients from ICE Interference in Hospitals

California lawmakers are moving to strengthen protections for detained patients receiving medical care at hospitals after reports of extreme difficulties faced by families and attorneys trying to locate and support patients in immigration custody.

Two bills progressing through the state Senate seek to prevent immigration enforcement officers from isolating patients from their loved ones and interfering with their ability to obtain legal representation. Analyses for both bills cite reporting by KFF Health News that documented widespread challenges in locating hospitalized patients in immigration custody.

KFF Health News found that some hospitals have enabled patient isolation through so-called blackout policies, which may include:

• Registering patients under pseudonyms
• Withholding names from hospital directories
• Preventing staff from contacting patients’ relatives to disclose their location and condition

Blackout policies would be permitted only when a health care provider determines a patient poses a credible risk to themselves or others, with the risk documented in the patient’s medical record.

SB 915: Prohibiting Blackout Policies and Restricting ICE Access

A bill introduced by Democratic state Sen. Caroline Menjivar of the San Fernando Valley, SB 915, would:

• Prohibit the use of blackout policies for patients in immigration custody
• Ensure patients retain the right to have their families and others notified of their whereabouts and condition
• Allow patients to receive visitors
• Bar immigration agents from entering patient rooms unless they can show legal authorization
• Require staff to document and request ICE agents to leave during medical exams and patient care discussions if they lack proper authorization

“These are actions that have no place in health care, and it is a clear violation of the patients’ rights,” Menjivar said.

The bill also addresses reports of Immigration and Customs Enforcement agents guarding patients in hospital rooms, interfering with medical decisions, and pushing for premature discharges to detention facilities ill-equipped for follow-up care.

SB 1323: Improving Family Notification and Visitation Policies

Another proposal, SB 1323, authored by Democratic state Sen. Susan Rubio of the San Gabriel Valley, would:

• Require health care providers to train staff and volunteers on responding when patients want their families notified of their location
• Mandate posting notices at facility entrances with information about visitation and access policies

Current law already allows patients to consent to family notification, and Rubio’s bill aims to ensure staff are aware they can facilitate this for patients in immigration custody.

The federal Department of Homeland Security, which oversees immigration enforcement, did not respond to a request for comment.

Next Steps for the Bills

Both bills were approved by the Senate Health and Judiciary committees along party lines and are now headed to the Senate Appropriations Committee for further consideration.