Families and Attorneys Struggle to Locate ICE Detainees Hidden in Hospitals Due to Strict Secrecy Protocols
Legal representatives and family members are reporting significant challenges in locating Immigration and Customs Enforcement (ICE) detainees who have been transferred to outside medical facilities for urgent care. Reports indicate that when detainees are moved from detention centers to hospitals, they often effectively disappear from tracking systems, leaving attorneys unable to provide counsel and relatives in distress regarding their loved ones’ medical status.
The difficulty centers on what are known as “blackout procedures” implemented by hospitals in coordination with federal immigration authorities. These protocols often involve registering detainees under pseudonyms or John Doe aliases and removing their names from hospital directories. In practice, this means hospital staff are frequently instructed to deny a patient’s presence if a family member or lawyer calls to inquire. In one documented instance involving a detainee named Julio César Peña, who suffered a medical emergency in custody, both his wife and attorney were met with silence. When the detainee was briefly able to speak on the phone, he reportedly told his wife, “I can’t tell you,” regarding his location, citing the presence of agents in the room.
From the perspective of immigration officials and hospital administrators, these strict measures are necessary to maintain safety and compliance with federal laws. Medical facilities cite the Health Insurance Portability and Accountability Act (HIPAA), which restricts the sharing of patient information without explicit consent. Furthermore, ICE operational guidelines prioritize security during off-site transport to prevent escape attempts, outside interference, or threats to medical staff and the public. Authorities argue that disclosing the specific location of a detainee in a public hospital could create security vulnerabilities.
However, legal advocates contend that these policies violate a detainee’s constitutional right to access legal counsel. Attorneys argue that without knowing where their clients are, they cannot intervene to ensure adequate medical care or prepare for imminent legal proceedings. The situation highlights a growing tension between national security protocols and the rights of individuals in custody. This issue has gained prominence amidst reports of rising detention numbers and ongoing scrutiny regarding medical conditions within the immigration detention system, including inquiries into deaths in custody and the adequacy of health services provided to detainees.
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