Oregon Lawmakers Push ‘Healthcare Without Fear Act’ as ICE Intrusions in Hospitals Drive Patients Away
The increased presence of ICE agents in Oregon hospitals and clinics is not only hindering the work and daily routines of healthcare providers, but it is also forcing them into a role they were never meant to play.
Having to navigate federal immigration enforcement procedures while trying to deliver medical care is placing undue pressure on medical workers.
This has prompted Senate Bill 1570, that will be considered by Oregon lawmakers during the short legislative session that begins tomorrow (Monday)
Source: Congressional Research Service LSB10362.7 summary of 2011 sensitive locations, 2021 protected areas, and 2025 rescission directive
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The Healthcare Without Fear Act
Known as the Healthcare Without Fear Act, the bill focuses on the provision of medical services to patients without fear of intrusion by immigration enforcement agents roaming hospital corridors and entering restricted areas.
If the bill is passed, hospitals will become protected spaces, falling under the same category as schools and courthouses.
| Request type | What it is | What HIPAA may allow |
|---|---|---|
| Court order | Order from a court or administrative tribunal | Disclose only the PHI specifically described in the order |
| Court ordered warrant | Warrant tied to a court process | HIPAA permits disclosures to comply, within the scope of the warrant |
| Subpoena or summons from a judicial officer | Legal demand issued by a judge or magistrate | HIPAA permits disclosures to comply, within required limits |
| Administrative request | Request authorized by law, not a court order | May be allowed if it is relevant, specific, limited, and de identified info cannot be used |
Despite the fact that Oregon is a sanctuary state, many of its immigrant communities are steering clear of medical assistance at hospitals because of the increased presence of ICE agents.
Nurses say some patients are no longer asking questions or even complaining. Instead, they are simply avoiding hospitals as fear for their safety continues to mount.
ICE Agent Intrusions Disrupt Medical Procedures and Violate Patient Privacy
The bill was revealed at an Oregon Nurses Association (ONA) press conference on Friday, where it was learned that the intrusion of immigration officers has disrupted services and violated patient privacy, placing healthcare workers in an untenable situation.
Sponsors of the bill are Senator Wlnsvey Campos (D-Aloha), and Rep. Dacia Grayber (D-Southwest Portland), who is a firefighter and paramedic. She says ICE agents have accessed hospitals without consistent identification or regard for protocols.
Grayber says the Healthcare Without Fear Act does not question federal authority; it addresses federal overreach that interferes with patient care and places front-line workers in an impossible situation.
Her sentiments are shared by the chief sponsor of the bill, Sen. Campos, who says that fear of enforcement is altering the way people interact with the healthcare system. She says fear of immigration enforcement is resulting in patients skipping critical medical appointments.
The Bill Allows for the Creation of Restricted Areas Inside Medical Facilities
If the bill is passed, hospitals and clinics will have to designate areas restricted to the public. This will prevent ICE agents entering restricted medical treatment areas unless they are in possession of valid judicial warrants or court orders.
Furthermore, the bill will restrict the information that can be shared with immigration authorities, and shield patient immigration status and place of birth as protected information.
Expanded immigration enforcement priorities have resulted in a surge in the number of arrests made by ICE agents in Oregon hospitals since the beginning of the year.
KLCC reports that federal agents have refused to step away during patient treatment, prevented detainees from discussing private medical issues, undergoing exams, or using the bathroom.