united-states criminal-law covid-19 illegal-immigration
Does ICE have the legal authority to arrest illegal immigrants who came into hospitals due to COVID-19?
<p>I am wondering if ICE has the legal authority to immediately arrest illegal immigrants after they have received medical care at U.S. hospitals for COVID-19. I am referring to people who voluntarily came into U.S. hospitals to receive this medical treatment. </p>

<p>Moreover, if ICE does have the legal authority to do this, do the mayors of sanctuary cities currently have a legal right to intervene to stop ICE from arresting these particular illegal immigrants? I am thinking in particular about the mayors of cities throughout the state of California.</p>

<p>ICE has a degree of authority to <a href="https://www.usa.gov/deportation" rel="noreferrer">deport without court hearing</a>, via an expedited process. The legal framework for such deportations are explained <a href="https://fas.org/sgp/crs/homesec/R45314.pdf" rel="noreferrer">here</a>, and rely on  <a href="https://www.law.cornell.edu/uscode/text/8/1225" rel="noreferrer">8 USC 1225</a>. The Secretary of DHS has authority to establish rules, and has recently done so <a href="https://www.federalregister.gov/documents/2019/07/23/2019-15710/designating-aliens-for-expedited-removal" rel="noreferrer">here</a>. The current regulations pertaining to expedited removal are at <a href="https://www.ecfr.gov/cgi-bin/text-idx?SID=c57508ef4cccfe5bb518ac20feef57e1&amp;node=8:1.0.1.2.28.0.1.3&amp;rgn=div8" rel="noreferrer">8 CFR 253.3</a>. There is no exemption for people being medically treated, for covid-19 or any other reason, but "parole" is available (at the discretion of the attorney general) to "parole" an immigrant if it is "is required to meet a medical emergency". Thus an illegal immigrant in the ICU might be exempt from immediate deportation, but that is at the discretion of the AG. State and local officials do not have the authority to interfere in the enforcement of federal law, even if the state or municipality has declared itself a "sanctuary". The criminal penalties for interference are spelled out <a href="https://www.law.cornell.edu/uscode/text/18/111" rel="noreferrer">here</a>; no law compells cooperation, the law simply prohibits forcible interference.</p>

<blockquote>
  <p>I am wondering if ICE has the legal authority to immediately deport illegal immigrants after they have received medical care at U.S. hospitals for COVID-19. I am referring to people who voluntarily came into U.S. hospitals to receive this medical treatment.</p>
</blockquote>

<p>How do you define "immediately"?  ICE can certainly arrest them.  Many of them will need to be placed in removal proceedings before an immigration judge before they can be removed.</p>

<blockquote>
  <p>Moreover, if ICE does have the legal authority to do this, do the mayors of sanctuary cities currently have a legal right to intervene to stop ICE from deporting these particular illegal immigrants? I am thinking in particular about the mayors of cities throughout the state of California.</p>
</blockquote>

<p>In general, of course not.  No state or local official has the authority to prevent a federal officer from making a lawful arrest.</p>

<p>There may be provisions to delay the arrest, for example while the intended subject of the arrest is hospitalized, but people who have recovered from COVID-19 (or any other disease) would be subject to arrest if ICE can get their hands on them.</p>

<p>Sanctuary cities are not obliged to help ICE identify, locate, or arrest people, but to the extent that ICE can do that by itself, sanctuary cities cannot impede it.</p>
