10/20/2017

1

Welcome

• The current administration has been aggressively pushing policies to

have undocumented immigrants detained and deported, which has

created new challenges for healthcare providers who serve immigrant,

refugee and migrant communities.

o Many patients have been cancelling their medical appointments and

dis-enrolling from programs, like Medi-Cal.

• During this session attendees will gather a greater understanding of the

immigration policies impacting our immigrant communities and how

California is responding to these changes.

10/20/2017

2

Impact of Immigration Policies on

Health Centers and Communities

Mayra Joachin, JD

Staff Attorney,

National

Immigration Law

Center

Federal Immigration Landscape

• Executive Orders:

– Muslim & Refugee Ban

– Border & Interior Enforcement Executive Orders

– Leaked Order on Public Charge

• DACA Termination

Bottom line: Anyone could be a priority

Implications

• Chilling effect in accessing health services

• Fear around:

– Immigration enforcement at health facilities

– Privacy of patients’ health information

– Consequences of using medical services

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3

How can you help?

• Understand your rights

• Understand your patients’ rights

• Make your facility a welcoming space

• Help your patients feel empowered

Addressing Immigration

Enforcement Concerns

• Low likelihood of immigration enforcement at health facilities

• Protections available:

• Fourth Amendment,

• Sensitive Locations, and

• SB 54.

Remember: Do not consent, document!

Addressing Concerns around

Privacy of Personal Information

• Information submitted generally used for eligibility

• Health Insurance Portability and Accountability

Act (HIPAA)

• ICE Memo clarifying use of health care

information (2011)

10/20/2017

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Addressing Concerns around

Using Medical Services

• Public Charge determinations have not

changed

• No changes in eligibility to access health

care

• No changes in impact on immigration

relief

SAMPLE NOTICE

A Message to All Our Patients:

All are welcome here.

Our facility is a safe space for everyone we serve.

Our spaces are reserved for our patients and their relatives and friends.

Maintaining this safe space and protecting the privacy of the information you share with us are our top priorities.

Please reach out to our staff if you have any questions.

Let’s all work together!

• Train staff on these protections

• Implement steps to protect your patients

• Refuse to collaborate with immigration

• Create a welcoming environment

• Provide Know Your Rights resources

• Prioritize access to health for all!

10/20/2017

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Resources

• CPCA Resources:

http://capca.nationbuilder.com/immigrant_resources

• NILC Toolkit: https://healthtoolkit.nilc.org/register/

Other resources

• DACA termination:

https://www.nilc.org/issues/d

aca/daca-termination-faq/

• DACA and employment:

https://www.nilc.org/issues/d

aca/about-daca-and-

employment/

10/20/2017

6

Role of California Department of Justice

in Protecting and Defending Immigrants

Jonathan Blazer

Special Assistant to the Attorney General

California Department of Justice

Office of Attorney General Xavier Becerra

Jonathan.Blazer@doj.ca.gov

Attorney General Xavier Becerra’s

Immigration Priorities

Overall commitment: Protect and Advance the Rights

and Safety of all Californians – Including Immigrants

• Defend the Basic Rights of Immigrants and their

Families

• Defend the Ability of Law Enforcement and other

State/Local Agencies to Focus on Core Missions

(Public health and Safety)

• Empower Californians to Exercise their Own Rights

Examples of AG Becerra’s Immigration-

Related Litigation

• Defending Dreamers against DACA Rescission

• Defending Against Federal Threats to Defund State

and Local “Sanctuary Jurisdictions”

• Challenging Trump’s Unconstitutional Muslim Travel

Bans

• Suing to Block Construction of Border Wall

10/20/2017

7

Legislative Update: California Values Act

(SB 54)

Model Policies: “The Attorney General, by October 1,

2018, in consultation with the appropriate stakeholders,

shall publish model policies limiting assistance with

immigration enforcement to the fullest extent possible

consistent with federal and state law at …health

facilities operated by the state or a political subdivision

of the state. … All … health facilities operated by the

state or a political subdivision of the state … shall

implement the model policy, or an equivalent policy.”