Earlier this year, the Trump administration rolled back a longstanding policy that prevented federal immigration agents from making arrests in “sensitive locations” like schools, hospitals, and places of worship. As a result, a shockwave of fear and concern has rippled through many immigrant communities — leading some people to avoid seeking medical care, even during dire emergencies.
In turn, NYC Health + Hospitals, which runs the city’s 11 public hospitals and 70 patient care sites, issued an open letter to immigrant New Yorkers. In it, they made this clear:
“We respect your privacy. When you visit our health care facilities, you are not required to share information about your immigration status to receive care. We only release patient information with your consent or if authorized or required to do so by law.”
So, what does this mean exactly and what are the limitations of these protections?
Can healthcare providers share my personal information without my consent?
No, not under normal circumstances.
According to the NYC Health + Hospitals’ Notice of Privacy Practices, hospitals cannot disclose your personal medical information to Immigration and Customs Enforcement (ICE) unless required by law. That means ICE would need to present a subpoena, court order, or warrant.
More specifically, your information may only be shared without your permission in the following cases:
- A valid court order or subpoena
- Specific law enforcement purposes, such as locating a suspect or investigating a crime
- For national security or protective services
- If required by federal, state, or local law
If officers bring a warrant or subpoena signed by a judge, the hospital must comply with the request—though subpoenas can still be challenged in court. But if the document is signed only by an ICE agent (not a judge), the hospital doesn’t have to comply.
What do patients and providers need to know when ICE shows up?
NYC Health + Hospitals has provided clear guidance to its staff on how to respond to ICE visits. This protocol aims to maintain patient safety while complying with the law — and to ensure that immigrants are not unnecessarily placed at risk while seeking medical help.
For patients, it’s important to understand the difference between public and non-public areas within a hospital. ICE agents are allowed to enter public areas of hospitals, which include waiting rooms, lobbies, and other areas that are open to everyone. ICE is not permitted to enter private areas, like patient rooms, laboratories or medical offices.
However, it is important to remember that hospitals and community health centers are legally obligated to protect your personal information (like your name and date of birth) and your medical records. This means that they are not allowed to share your information unless there is a judicial warrant.
What are my rights as a patient?
In addition to privacy protections, NYC Health + Hospitals has enumerated key rights for all patients—including immigrants:
- You have the right to health care: Regardless of your immigration status or ability to pay, NYC guarantees medical access for all — no exceptions.
- Your privacy is protected: You do not need to disclose your immigration status to health care providers to receive care.
- Health insurance is available: All children, pregnant people, and adults 65+ can qualify for health insurance regardless of immigration status. If you don’t qualify or can’t afford it, you may be eligible for NYC Care, a low- or no-cost health program.
- IDNYC is accepted: This free government-issued ID can be used to register at hospitals and access other services like prescription discounts and vaccine records.
- Care is available in your language: NYC’s public hospitals and clinics offer interpretation in over 200 languages, 24/7, which includes Spanish, Chinese and Haitian Creole. Written materials are available in the 13 most common languages spoken in the city.
- Need help?
- Visit: nychealthandhospitals.org/locations
- Call 311 for help with hospitals, NYC Care, IDNYC, or to connect with city agencies.
Important: The information presented here does not constitute legal advice. It’s also important to note that immigration policies are changing very frequently right now. For case-specific guidance and information, we recommend that you consult a qualified immigration lawyer or accredited representative.
