This paper focuses on how LCSWs can protect themselves and their patients in the face of new efforts to deport undocumented or DACA immigrants, including how to protect patient records if they are demanded by ICE agents or other law enforcement personnel. This event may sound unlikely to many LCSWs, as HIPAA has provided protection of our records since 2003, albeit imperfectly. The idea that government agents could show up at our offices, homes or elsewhere to claim patient records and/or just find out whether they are a patient, has not been a major issue for most LCSWs. Nonetheless, that is exactly what could happen with the administration’s expanded intent to deport immigrants based on information found in churches, medical offices, and other formerly protected spaces. There are several ways that LCSWs can attempt to maintain the privacy of our patients if we are faced with the new incursions into the sanctity and ethics of the work we do. After consultation with several lawyers, here are some legal ways to keep our medical records private.

Position Paper - Protecting Patients at Risk of Deportation.pdf