Local leaders, immigration activists and a nurse with Dignity Health on Monday, July 7, denounced the presence of Immigration and Customs Enforcement officers and contractors inside the lobby of Dignity Health Glendale Memorial Hospital while a woman continued to receive treatment for injuries sustained while she was detained in Sherman Oaks last week, authorities said.
Officials identified the woman Monday as Milagro Solis Portillo. Her age was not disclosed.
Media reports have said Portillo was taken into custody by Immigration Customs Enforcement agencies at an apartment complex in Sherman Oaks Thursday, July 3. Further details about the detention of Portillo have not been disclosed.
Activists Monday alleged she suffered a medical emergency while handcuffed for eight hours before she arrived at Dignity Health Glendale Memorial Hospital, where she was being treated for an undisclosed medical emergency.
They also said federal officers have stayed in the lobby of the hospital throughout her stay, creating an environment of fear and anxiety while people are at the facility to heal.
“Everybody deserves access to health care in an environment that is safe and free from intimidation, and that is not what is happening,” Senator Sasha Renee Perez, D-Pasadena, said Monday, adding that she learned of the situation on the Fourth of July.
Perez said she escorted Portillo’s family inside the hospital for a visit with Portillo and to meet with the CEO of the hospital.
A senior DHS official, in a statement sent Monday, said Portillo is “an illegal alien from El Salvador who had been removed from the United States twice and has been arrested for crimes of false identification, theft and burglary.
“ICE takes its commitment to promoting safe, secure, humane environments for those in our custody very seriously,” the statement continued. “It is a longstanding practice to provide comprehensive medical care from the moment an alien enters ICE custody. This includes access to medical appointments and 24-hour emergency care.”
In a statement to ABC 7 Los Angeles, Dignity Health Glendale Memorial Hospital said it can’t restrict law enforcement from being in areas of the hospital that are accessible to the public, such as the lobby.
“Dignity Health Glendale Memorial Hospital acknowledges the community’s concerns regarding Immigration and Customs Enforcement (ICE), and we share a desire to keep our neighbors safe,” the statement read. “The hospital cannot legally restrict law enforcement or security personnel from being present in public areas which include the hospital lobby/waiting area.”
According to the American Civil Liberties Union’s Northern California chapter, health centers must allow ICE officers “in any areas where they would allow general members of the public. ICE officers may be excluded from private areas that are clearly posted and enforced for patients and family.”
Health centers and their staff are not required and cannot be forced to enforce immigration laws, nor do they have to collect information about a patient’s immigration status, the ACLU says. They also are legally obligated to protect patient privacy and “should not disclose any information without a judicial warrant, except in the case of an emergency that poses immediate harm.”
Federal agents cannot access a non-public area – such as treatment rooms, inpatient units and offices – without a valid judicial warrant, the ACLU says.
Sarah Houston, managing attorney with Immigration Defenders, said the law firm was representing Portillo and her family. On Monday, she accused the hospital of disclosing at least some of Portillo’s information to federal agents.
Patient information can be disclosed from a hospital in very specific circumstances, she said, such as in an attempt to locate a fugitive, a material witness or a missing person.
“In this case, the hospital has not provided us with any information as to why they disclosed personal health information here,” Houston said. “It does not seem like it fits under one of the exceptions.
“Healthcare workers and the hospital are not obligated to share any information with ICE or (the Department of Homeland Security) about themselves, patients or coworkers unless a judicial warrant specifically requires it,” she added. “This protection ensures that patient confidentiality and privacy are maintained.”
Houston said Portillo “has several serious health conditions that when compounded, makes it impossible to house her in a detention facility.”
Speakers denouncing the presence of federal officers in the hospital at Monday’s press conference included representatives from Assemblymember Nick Schultz’ office, the Glendale and Burbank and Los Angeles city councils, a Dignity Health nurse, Glendale Teacher’s Association, Glendale Unified School District board of education, Glendale College Guild, local faith leaders, multiple immigration activist groups and others.