In July, federal immigration agents took Milagro Solis-Portillo to Glendale Memorial Hospital, outside of Los Angeles, after she suffered a medical emergency while in custody. They never left the hospital. For two weeks, contractors from Immigration and Customs Enforcement (ICE) stood guard in the hospital lobby 24 hours a day. They took turns monitoring her movements, said Ming Tanigawa-Lau, Solis-Portillo's attorney. Then, ICE transferred the Salvadoran woman to Anaheim Global Medical Center, against medical advice and without explanation, the attorney said. Tanigawa-Lau said that there, ICE agents were allowed to remain in Solis-Portillo's room at all times, listening to conversations between the patient and medical staff that should have been private. Solis-Portillo told her attorney that the agents pressured her to say she was well enough to leave the hospital, warning her that she could not contact her family or her attorney until she agreed to leave.

“She described it to me as a situation in which she felt she was being tortured,” Tanigawa-Lau emphasized.

Legal experts explain that ICE agents can be in public areas of a hospital, such as the lobby, and can accompany patients who are already detained while they receive medical care, reflecting the reach of federal authority.

However, detained patients have rights and can try to defend themselves or seek legal help.

This year, California allocated $25 million to fund legal services for immigrants, and some local jurisdictions—including Orange County, Long Beach, and San Francisco—have also allocated funds for legal aid initiatives. The California Department of Social Services lists some nonprofit organizations that have received these funds.

Sophia Genovese,A supervising attorney and clinical professor at Georgetown Law School explained that law enforcement officers, including federal immigration agents, can guard and even keep a person in their custody handcuffed while they receive medical care. But they must comply with constitutional and medical privacy laws, regardless of the patient's immigration status. Under those rules, patients can request to speak privately with medical providers and have confidential access to legal counsel, Genovese explained. “ICE must be located outside the room or out of earshot during any conversation between the patient and their doctor or health care provider,” Genovese said, adding that the same applies to communications with attorneys. “That’s what they’re supposed to do.” ICE Guidelines Regarding communication and visits, ICE guidelines state that detainees must have access to a telephone and be able to receive visits from family and friends, “within operational and security limitations.” However, Genovese said those guidelines are not required by law. If immigration agents arrest someone without a warrant, they must inform the person of the reason for the detention and generally cannot hold them for more than 48 hours without making a formal custody decision. A federal judge recently granted a temporary restraining order in a case where a man named Bayron Rovidio Marin was monitored by immigration agents at a Los Angeles hospital for 37 days without being charged. In the past, if violations by agents were perceived, they could be reported to local ICE offices, agency headquarters, or oversight bodies, Genovese explained. But this year, the Department of Homeland Security (DHS) reduced staffing at offices that investigate complaints of civil rights violations, arguing that those offices “obstructed the enforcement of immigration laws by adding bureaucratic hurdles.” Tricia McLaughlin, DHS assistant secretary for public affairs, said that 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 escape federal officers during a raid. McLaughlin noted that agents did not prevent him from communicating with his family or using the phone. “All detainees have access to phones that they can use to communicate with their families and lawyers,” she added.McLaughlin called the judge who issued the temporary restraining order an “activist.” He did not respond to questions about staff cuts at the ombudsman’s office. The DHS also said that Solis-Portillo was in the country without authorization. According to the department, she had been deported from the United States twice and arrested for using a false ID, theft, and trespassing. “ICE takes its commitment to providing safe, secure, and humane environments for those in our custody very seriously,” McLaughlin said. “From the moment a person enters ICE custody, it is long-standing practice to provide comprehensive medical care, including access to medical appointments and 24-hour emergency care.” Protections in California: The Anaheim Global Medical Center did not respond to a request for comment. In a statement, Dignity Health, which operates Glendale Memorial Hospital, said it “cannot legally restrict the presence of security personnel or law enforcement officers in public areas, including the hospital lobby or waiting rooms.” In September, California passed a law prohibiting medical facilities from allowing federal agents into private areas—including spaces where patients receive care or discuss health issues—without a valid search warrant or court order. However, many of the most prominent news stories about immigration agents at healthcare facilities have involved detained patients who were brought in for treatment. Erika Frank, vice president of legal counsel for the California Hospital Association, said that hospitals have always received detained individuals in need of medical care from authorities, including federal agents. According to Jan Emerson-Shea, a spokeswoman for the association, it is the authorities who decide whether a patient needs to be monitored at all times. If a law enforcement officer listens to medical information while present in the hospital, that does not constitute a violation of the patient's privacy, she added. “Legally, it is no different than another patient or visitor listening to information about someone in a nearby bed or in an emergency room,” Emerson-Shea said in a statement. She did not respond to whether patients can demand privacy with medical staff or their attorneys, and noted that hospitals do not inform family members or friends about the location of a detained patient, for security reasons. Sandy Reding, president of the California Nurses Association,She visited the Glendale facility when Solis-Portillo was hospitalized. She recounted how both nurses and patients felt intimidated upon seeing masked immigration agents in the hospital lobby. She said she saw them sitting behind the desk where patients are registered, from where they could overhear conversations about private medical information. “Hospitals used to be a safe place, and now they aren’t,” she said. “And it seems like ICE is acting with impunity.” Solis-Portillo’s attorney, Tanigawa-Lau, said her client ultimately decided to voluntarily return to El Salvador rather than fight her case because she felt she couldn’t receive the medical care she needed while in ICE custody. “Although Milagro’s case is truly terrible, I’m glad there’s more awareness about this issue now,” Tanigawa-Lau stated.

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