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Immigration Rights & Resources in Long-Term Care

January 31, 2025

What kind of world are we living in where a person who needs assisted living—someone with dementia, functional disabilities, or frailty—can be detained by ICE?

 

A recent email from Lori Smetanka, Executive Director of the National Consumer Voice for Quality Long-Term Care, revealed that a resident from a small assisted living facility was taken into custody by ICE. Per Ms. Smetanka’s letter, the case in question is still under investigation.

 

This alarming event signals a dangerous precedent, threatening the safety and dignity of older immigrants who rely on long-term care.

 

What is of grave concern is that the Trump administration rescinded the previous administration’s guidelines that restricted Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in “sensitive” settings (e.g., healthcare facilities, schools, churches), meaning that there are no safe havens and residents in long term care and people in health care facilities and schools can be taken into custody.

 

The goal now is to raise awareness about this change and to share resources so that people can protect themselves. For example, the Maryland Attorney General issued new guidance for Maryland Healthcare Providers regarding immigration enforcement activity. Be sure to check with your State’s Attorney General office for specific information.

 

Please keep reading for additional resources.

 

Here’s the email from Lori Smetanka, Executive Director of the National Consumer Voice for Quality Long-Term Care: 

 

 

ICE Enforcement in Healthcare Settings: A Growing Concern

Previously, guidelines restricted immigration enforcement in sensitive locations like hospitals, schools, churches, and long-term care facilities. But these protections have been rescinded, leaving vulnerable older adults at risk of detention—even those with dementia, disabilities, or requiring end-of-life care.

If enforcement actions occur in healthcare settings, residents and staff may experience significant trauma. The presence of law enforcement can trigger acute stress responses, worsen mental health conditions, and create fear within care communities.

What You Can Do: Advocate, Share, and Protect

We cannot allow this to continue. We must advocate for policies that protect older adults from the harm of unexpected ICE enforcement in long-term care. Here’s how you can help:

 

✅ Know Your Rights & Get Help

Share resources like the following, which provide legal guidance and “Know Your Rights” materials in multiple languages.

✅ Report Enforcement Actions

If you witness or hear of ICE or CBP actions in a long-term care facility, report them to:

 

✅ Support Trauma-Informed Care:

Witnessing an immigration raid can be deeply distressing for residents, caregivers, and staff. Download our Trauma-Informed Care Guide to understand how to support older adults experiencing trauma.

 

Spread the Word:

Share this information with healthcare providers, legal advocates, and community members. The more awareness we raise, the stronger our collective voice will be in advocating for change.

Helpful Resources

 

Regina Koepp, PsyD, ABPP

Dr. Regina Koepp is a board certified clinical psychologist, clinical geropsychologist, and founder and CEO of the Center for Mental Health & Aging: the “go to” place for mental health and aging. Dr. Koepp is a sought after speaker on the topics of mental health and aging, caregiving, ageism, resilience, intimacy in the context of life altering Illness, and dementia and sexual expression. Dr. Koepp is on a mission to ensure mental health and belonging for older adults, because every person at every age is worthy of healing, transformation, and love. Learn more about Dr. Regina Koepp here.