Immigration Law Update: Warrants and Subpoenas 2025

Policy shifts on protected areas

In January 2025, the Department of Homeland Security (DHS) rescinded its 2021 policy memo designating hospitals and other medical facilities as “protected areas” for immigration enforcement.¹ U.S. Immigration and Customs Enforcement (ICE) is no longer restricted from making arrests or conducting enforcement actions, including I-9 audits and immigration fraud investigations within health care settings.

As enforcement activity increases, health care providers face heightened legal risks and urgent compliance questions. Immigration Law Update: Warrants and Subpoenas offers timely guidance for attorneys advising clinics, hospitals, and health systems on navigating the intersection of immigration enforcement, privacy law, and patient care.

A coordinated response

Whether ICE seeks access to a facility, patient records, or personnel files, health care administrators need clear policies and a well-informed staff. Counsel them on how to:

• Determine what areas in a facility ICE can access without a warrant
• Identify who should be contacted during an enforcement action and ensure all staff (from reception to administration) understand the protocol
• Respond appropriately to warrants, subpoenas, or document requests while preserving patient confidentiality and organizational rights
• Determine whether disclosure of protected health information (PHI) is permissible
• Train staff on compliance with overlapping state and federal privacy mandates
• Build defensible policies that address ICE enforcement and regulatory compliance

Advise clients on developing comprehensive response plans to mitigate risks with help from Immigration Law Update: Warrants and Subpoenas.

¹ Reuters: Trump scraps guidance limiting immigration arrests near sensitive locations