- You need a facility protocol for ICE enforcement interaction before you receive one. The sensitive location protection is gone. Know what your staff are authorized to say and do if ICE presents at your facility. Know your state's specific requirements. Know whether your state has a sanctuary policy that provides additional protection. Do this this week.
- Your intake process needs a private, explicit communication to undocumented patients about their rights — EMTALA emergency care protections, your practice's data sharing policies, and what your staff will and will not do in response to law enforcement inquiries. This communication needs to happen before patients decide whether to keep their appointments, not after they've already avoided care for three months.
- Prenatal patients who have delayed care due to enforcement fear present with compounded risk profiles: later gestational age at first contact, unmanaged chronic conditions, unscreened infections, inadequately addressed mental health burden from enforcement-related trauma. Adjust your clinical protocols for these presentations — they require more intensive initial assessment than a patient presenting at 8 weeks with regular prenatal history.
Reproductive Justice Requires Immigration Justice. Here Is the Clinical Proof.
For midwives and birth workers, this period means that the reproductive justice framework — the understanding that reproductive autonomy requires the social conditions necessary to exercise it — has a concrete, measurable, clinical expression in the lives of your immigrant patients. The right to carry a pregnancy to term safely requires the ability to seek prenatal care without fear of arrest. When that condition is removed, the right is theoretical. The maternal outcomes data is tracking the theory's practical failure in real time.
Reproductive justice is not a political framework applied to immigration issues. It is the accurate description of what immigration enforcement does to reproductive health. When an undocumented pregnant person avoids prenatal care because the clinic is in a neighborhood with active ICE operations, she is exercising her legal right to carry a pregnancy and losing the clinical support that determines whether that pregnancy ends safely. The enforcement regime is not violating her legal right to the pregnancy. It is making the safe exercise of that right impossible. This is reproductive oppression, precisely as defined by the reproductive justice framework developed by Black women scholars and practitioners in the 1990s. It is also a preventable cause of maternal mortality, precisely as defined by clinical epidemiology.
The clinical challenge of this period is not primarily technical. You know how to provide prenatal care. The challenge is that the policy environment has inserted enforcement fear between your patients and your care in ways that require specific, intentional practice responses — communication protocols, facility policies, staff training, and referral relationships — to bridge. This report is designed to give you the intelligence and the tools to build that bridge.
Federal & Global ContextThe Enforcement Architecture and Its Healthcare Consequences
The immigration enforcement landscape of this period is defined by four simultaneous policy moves that compound each other's effects on immigrant healthcare access.
The formal abandonment of the DHS sensitive location policy is the most immediately significant for clinical practice. The policy had been imperfect — enforcement near healthcare facilities had occurred even under the policy — but its formal abandonment removes a legal and procedural constraint on ICE operations and signals an enforcement posture that immigrant communities have registered clearly. The behavioral response is not irrational. If enforcement can now occur at your clinic, the calculus for an undocumented patient about whether to keep a prenatal appointment has changed. Your practice response needs to account for that changed calculus, not pretend it hasn't changed.
The modified family separation policy — which applies in detention contexts to adults with criminal records — creates fear that extends far beyond the legal target population. Immigrant community networks communicate enforcement information rapidly and often imprecisely. The realistic fear that a detention encounter could result in separation from children, regardless of the legal specifics, is a powerful deterrent to any interaction with the healthcare system that involves documentation, registration, or the possibility of law enforcement contact. Your patients' fear is not based on misunderstanding. It is a rational response to a real enforcement environment.
Birthright citizenship challenges — multiple state-level efforts to deny automatic citizenship to children born to undocumented parents — represent a longer-term threat with immediate clinical implications. Pregnant undocumented patients in states where these challenges are active face additional uncertainty about their children's legal status, adding to the burden of care-seeking. The legal challenges are mostly in litigation and have not yet produced implemented policy changes, but the communication of the threat affects behavior before the policy takes effect.
Asylum restrictions for survivors of gender-based violence represent the intersection of immigration and reproductive justice that is most directly relevant to a specific patient population: women fleeing intimate partner violence, forced marriage, sexual exploitation, or reproductive coercion in their countries of origin. The contraction of gender-based violence asylum categories under the current administration has left these patients with fewer legal pathways, increasing their undocumented status and the associated healthcare access barriers.
Community Health Infrastructure in the Enforcement Climate
The response to the enforcement climate among community health organizations, legal services providers, and reproductive justice organizations has been creative, courageous, and operating under resource constraints that limit its reach. Understanding what is available — and where its limits are — is essential for building your referral relationships.
Federally Qualified Health Centers: The Primary Access Point
FQHCs remain the most important clinical access point for undocumented patients. As federal grant recipients under HRSA, they are legally required to serve all patients regardless of immigration status, ability to pay, or documentation. They offer sliding-scale fees. They are legally prohibited from inquiring about immigration status as a condition of care. In many immigrant communities, they are the only clinical setting where patients will present for non-emergency care in the current enforcement climate. Build your FQHC referral relationships now — know specifically which FQHCs in your region have OB/GYN capacity, which have certified nurse-midwives on staff, and what their sliding scale structure looks like. A warm handoff to a specific provider at a specific FQHC is categorically more effective than handing a patient a phone number.
Know-your-rights education — conducted by immigrant rights organizations, legal services providers, and community health workers — is the primary intervention for addressing enforcement fear as a healthcare barrier. Organizations like the National Immigration Law Center, ACLU Immigrants' Rights Project, and local legal aid societies provide materials that are clinically relevant: what patients' rights are if ICE presents at a healthcare facility, what information they are not required to provide, what EMTALA protections mean in practice. These materials, distributed proactively through your practice, address the fear barrier before it becomes a care-avoidance decision.
Detention Healthcare: The Other Clinical Reality
Patients in ICE detention are a clinical population your practice may not directly serve but whose reality is relevant to your advocacy. Documented reports from the ACLU, Human Rights Watch, and Physicians for Human Rights during this period describe: denial of prenatal vitamins to detained pregnant people, delays of weeks in OB consultation for complications, inadequate management of miscarriage in detention settings, and coercive pressure on detained pregnant people regarding their pregnancies. Federal court oversight of ICE detention healthcare is limited. The primary accountability mechanism is advocacy organization documentation and congressional oversight — which has been minimal in this period.
Sanctuary States, Enforcement States, and the Geography of Access
Sanctuary States — Expanded Protection: The 17 states with active sanctuary policies — prohibiting or limiting state and local law enforcement cooperation with ICE — provide measurable healthcare access protection. California's HEAL Act prohibits ICE enforcement at healthcare facilities as a matter of state law, providing a legal protection that the abandoned federal sensitive location policy no longer provides. Illinois, New York, Massachusetts, and Washington have similar state-level protections with varying scope. If you practice in a sanctuary state, know exactly what your state's sanctuary policy covers and communicate it clearly to patients. It is a material clinical protection.
Enforcement States — Compounding Barriers: Florida's SB 1718, Texas's cooperation with federal enforcement operations, and similar state-level enforcement expansion in Georgia, Alabama, and Mississippi compound the federal enforcement climate with state resources and cooperation. In these states, the healthcare avoidance effect is most acute, the FQHC network is thinnest relative to need, and the legal protection for undocumented patients seeking care is most limited. Providers practicing in these states face the highest clinical burden from enforcement-related care avoidance and the fewest institutional resources to address it.
Access Geography: The intersection of enforcement climate, FQHC density, state sanctuary policy, and Medicaid eligibility rules for immigrants produces a healthcare access map that is not random. The states with the highest undocumented population, the most active enforcement operations, and the least clinical infrastructure for immigrant patients — Texas, Florida, Georgia — are also the states with the highest maternal mortality rates overall. The correlation is not causal in a simple sense, but it is not coincidental. Enforcement-driven care avoidance compounds existing maternal health inequity in the communities and geographies where that inequity is already most severe.
Providing Care to Immigrant Patients in an Enforcement Climate
Providing equitable reproductive care to undocumented patients in the current enforcement climate requires specific, intentional practice responses that go beyond standard clinical protocols. Here is what each response looks like in practice.
Provider Impact: You are providing care in a legal environment where your clinical documentation could, in some circumstances, become evidence in an immigration proceeding. Your data practices — what you document, how long you retain it, whether your EHR is accessible to law enforcement under your state's laws — have privacy implications for undocumented patients that they need to understand and that you need to have reviewed with a healthcare attorney. This is not a reason to withhold clinical care. It is a reason to be clear, intentional, and transparent with patients about your data practices and their rights.
Patient Access: The most effective clinical intervention for enforcement-driven care avoidance is proactive, explicit communication. Patients who know your practice's data policy, who have been told directly that you will not ask about immigration status and will not share records with ICE without a court order, and who have been given know-your-rights information are more likely to maintain care. This communication needs to happen at the first encounter, through interpreter services when needed, in written form that patients can take home and review. Do not assume that a patient's physical presence at your clinic means she is not one appointment away from disappearing from care due to enforcement fear.
Risk Management: Three specific data protection practices apply to undocumented patients. First: do not document immigration status in the medical record. It is not clinically relevant and it creates a record that could harm the patient. Second: review your EHR vendor's policy on law enforcement data requests and ensure your response protocol is current and staff-trained. Third: know your state's specific legal requirements for responding to law enforcement records requests, including whether a warrant is required, whether your state's sanctuary policy provides any protection for healthcare records, and what patient notification obligations you have.
Referral Pathways: Build four referral relationships before you need them. First: the FQHC closest to your practice with OB/GYN capacity — know a specific provider by name, not just the institution. Second: the immigration legal services organization in your region — for patients navigating asylum, deportation proceedings, or citizenship questions that intersect with their pregnancy care. Third: the domestic violence organization in your region with immigration-specific services — for survivors of IPV who have immigration complications. Fourth: the interpreter services available in your practice area — language access is not optional for informed consent, and is the first barrier many immigrant patients encounter before enforcement fear even enters the picture.
Develop this protocol before you need it. Key elements: (1) Designate a single staff member authorized to speak with law enforcement. (2) No patient information shared without a judicial warrant — administrative ICE warrants do not require compliance. (3) Do not consent to a search without a judicial warrant. (4) Alert patients to enforcement presence if possible and safe to do so. (5) Document the interaction. Contact your state medical society for state-specific legal guidance. Contact the ACLU Immigrants' Rights Project if you believe your or a patient's rights were violated. Share the Know Your Rights for Patients card from the National Immigration Law Center with all patient-facing staff.
At first encounter with any patient where immigration status may be relevant: (1) Explain clearly that you do not ask about immigration status and that it does not affect care. (2) Explain your data sharing policy — specifically that medical records are not shared with ICE without a court order. (3) Provide written know-your-rights information in the patient's primary language. (4) Connect patients to FQHC services and legal aid if they have questions about their rights. This communication takes 3 minutes and is the most effective clinical intervention for enforcement-driven care avoidance available to you.
Reproductive Justice Is the Framework. Practical Protocols Are the Tools.
The reproductive justice analysis of immigration and healthcare is not abstract. It produces a specific clinical finding: enforcement-driven care avoidance is a measurable, preventable cause of worse maternal outcomes in immigrant communities. The policies producing that avoidance — sensitive location policy abandonment, heightened enforcement operations, family separation fear, birthright citizenship challenges — are political decisions with clinical consequences. Naming those consequences clearly is not political advocacy. It is accurate clinical description.
The practical implication is that eliminating enforcement fear as a barrier to care requires intentional practice design. The communication protocols, data protection practices, FQHC referral relationships, and legal services connections described in this report are not supplements to clinical care. They are the preconditions for clinical care being accessible to the patients who need it most. Building them into your practice infrastructure — before a patient disappears from care, before ICE presents at your facility — is the clinical decision that determines whether your practice actually serves the community you intend to serve.
What Comes Next. What Requires Action Now.
ICE Facility Protocol — This Week: The sensitive location protection is gone. Develop your response protocol now. Designate a staff lead. Brief all patient-facing staff. Know your state's law. Know whether you have a warrant requirement for records disclosure. This cannot wait.
Patient Communication Protocol — This Month: Develop and implement your patient communication protocol for immigrant patients at first encounter. Translate into top 3 languages in your patient population. Brief staff on consistent delivery. The communication is the intervention.
Build FQHC Referral Relationship — Name and Number: Identify the FQHC closest to your practice with OB/GYN capacity. Get a specific provider contact, not just the institution. Establish a warm referral pathway. A named referral to a known provider is dramatically more likely to result in continued care than an institutional referral to an unknown system.
Birthright Citizenship — Ongoing Litigation: Multiple state and federal legal challenges to birthright citizenship are in active litigation. Outcomes could change the counseling and documentation needs for pregnant undocumented patients. Monitor through immigration legal services organizations in your region and NILC updates. Know before your patients ask.
Advocate for Detention Healthcare Standards: ICE detention healthcare standards are subject to federal oversight advocacy. ACOG and ACNM have issued position statements on detention reproductive healthcare standards. Add your institutional voice to the advocacy record. Detained pregnant people are a clinical population whose care failures become your emergency department presentations.
What to Do, By Role
- Know your facility's ICE response protocol — or build one
- Distribute know-your-rights information to all immigrant patients proactively
- Build FQHC referral relationship with named provider contact
- Advocate for detention reproductive healthcare standards through professional associations
- Learn the basics of your state's sanctuary policy coverage
- Develop and brief staff on ICE facility response protocol this week
- Review EHR data retention and law enforcement response policies
- Implement patient communication protocol for immigrant patients at first encounter
- Adjust initial assessment protocol for late-presenting patients with enforcement-related care gaps
- Build immigration legal services referral relationship for obstetric patients
- Be the trusted messenger for know-your-rights information in immigrant communities
- Know which FQHCs in your area have OB capacity and how sliding scale works
- Help clients understand EMTALA emergency care protections
- Connect clients to immigration legal services when needed
- Build coalitions between reproductive justice and immigrant rights organizations
Immigration Justice Is Reproductive Justice. The Clinical Data Agrees.
Reproductive justice demands the social conditions necessary to parent safely — and for undocumented people in an enforcement climate, the social conditions necessary to seek prenatal care are being actively removed. This is not a political argument. It is a public health finding. The maternal outcome data in enforcement-heavy regions makes the clinical case that reproductive justice advocates have been making for decades: you cannot separate reproductive health from the social, legal, and political conditions that determine whether care is accessible.
Your practice can be a site of resistance in the most practical sense: a place where undocumented patients receive the same quality of care as any other patient, where their data is protected, where their rights are communicated clearly, and where the enforcement climate does not determine whether they live or die in childbirth. That is reproductive justice in clinical form. It is within your reach.
The most radical thing you can do in this moment is to refuse to let enforcement fear become a clinical outcome. Build the protocols. Make the referrals. Communicate clearly. Care is the resistance.
Sources
1 NILC. "Factsheet: Trump's Rescission of Protected Areas Policies." National Immigration Law Center, 2025. nilc.org
2 "U.S. Public Opinion About Immigration Enforcement in Sensitive Locations." PMC, 2025. PMID: PMC12882844. pmc.ncbi.nlm.nih.gov
3 Georgetown CCF. "Prenatal Care: The Silent Maternal Health Emergency Hidden in New CDC Data." March 2026. ccf.georgetown.edu
4 NCIT. "New Data Signals a Troubling Trend in Prenatal Care Access." 2026. ncit.org
5 NY Senate. "Senate Acts to Protect Access to Reproductive Healthcare, Strengthen Privacy and IVF Coverage." 2026. nysenate.gov
6 CLASP. "Protecting Sensitive Locations Act of 2025." 2025. clasp.org
7 AJMC. "ICE Presence in Minnesota Health Care Settings Threatens Access to Essential Medical Care." 2026. ajmc.com
8 New America. "Impact of Increased ICE Activity: Results." 2025. newamerica.org
9 KFF. "Immigrant Health — Research and Data." 2025. kff.org
10 19th News. "DHS Released Numbers Around Pregnant and Postpartum People in Detention." March 2026. 19thnews.org
11 DHS Docket No. USCIS-2025-0304. "Public Charge Ground of Inadmissibility." Reproductive Rights, 2026. reproductiverights.org
12 Georgetown CCF. "Public Charge Changes Will Have Far-Reaching Consequences." 2025. ccf.georgetown.edu
13 Children's Defense Fund. "National Comment on Public Charge NPRM." December 2025. childrensdefense.org
14 Georgetown CCF. "Maternal and Infant Health in State Rural Health Transformation Proposals." March 2026. ccf.georgetown.edu
15 Rep. Don Beyer. "Bicameral Delegation Reintroduces the Protecting Sensitive Locations Act." 119th Congress. beyer.house.gov
16 Sen. Michael Bennet. "Bennet Condemns Cruel DHS Policies on Senate Floor." January 2026. bennet.senate.gov
17 Guttmacher Institute. "Family Planning Impact of the Trump Foreign Assistance Freeze." 2025. guttmacher.org
18 Human Rights Watch. "Obstetric Violence Is Gender-Based Violence. It's Time the Law Recognized It." September 2025. hrw.org