When ICE Shows up at Your Assisted Living
When U.S. Immigration and Customs Enforcement (ICE) agents come to your privately owned assisted living facility, it's important to understand your rights and the protocols in place that protect both your facility and its residents. Here’s what you need to know and how to prepare.
Access to the Facility
Public Areas:
ICE agents have the right to enter public spaces within your facility—including lobbies, waiting rooms, cafeterias, and parking lots—without needing prior permission. In these areas, they can observe and even interact with individuals. Remember, however, that both residents and staff have the right to remain silent and are not obligated to engage.
Private Areas:
For areas that are not open to the public—such as resident rooms, staff offices, and medical areas—agents must present a valid judicial warrant signed by a federal judge before gaining entry. An administrative warrant issued solely by ICE does not grant them the authority to access these private spaces. It’s essential for facility staff to verify the warrant’s validity before granting any access.
Recommended Actions for Facility Owners and Staff
Designate a Point of Contact:
Appoint a staff member, preferably from management, to serve as the primary liaison when interacting with ICE agents.Verify Credentials and Warrants:
Politely request identification from any ICE agent and ask to see their warrant. Carefully review the document to determine if it is judicial or administrative.Prepare Staff Documentation:
For facilities employing foreign staff, maintaining up-to-date I-9 documentation is critical. Regular internal audits help ensure that every I-9 form is accurately completed, signed, and stored according to federal guidelines. Having organized records at your fingertips will aid in any potential ICE or CBP investigation.Tip: Establish clear internal policies and train your management and HR teams on handling government inquiries. Consulting an attorney specializing in immigration and employment law is a proactive step to minimize liabilities and reinforce a culture of compliance.
Limit Unauthorized Access:
If ICE agents do not present a valid judicial warrant, inform them that they are not authorized to enter private areas of the facility.Protect Resident Privacy:
Ensure that sensitive resident information is safeguarded in public areas—cover documents and shield computer screens to avoid unintended disclosure.Avoid Obstruction:
While it’s important not to impede ICE agents from carrying out their duties in public spaces, remember that you are not required to answer questions or provide information without proper authorization.Consult Legal Counsel:
Before sharing any information or permitting access beyond public areas, seek advice from your legal advisor to ensure you are in full compliance with the law while protecting the rights of your residents.
Resident Rights
Residents in assisted living facilities have the right to:
Privacy: Their personal and medical details should remain confidential.
Dignity and Respect: They deserve to be treated with respect and without unnecessary distress.
Freedom from Discrimination: They should not experience discrimination based on race, nationality, or immigration status.
Having clear policies and well-trained staff can make a significant difference when handling any ICE interactions, ensuring the protection of residents' rights while keeping your facility compliant with legal obligations.
Final Note:
The information provided above is intended for educational purposes and serves as a general guide. It is not tailored legal advice for specific circumstances. For detailed guidance on this topic, please consult with a qualified legal professional or reach out to our firm.
We welcome your feedback and topic suggestions! If there's a particular issue related to assisted living or group housing that you'd like to see addressed, please feel free to email me at Brian@Pinkowskilaw.com.