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Immigration enforcement in the dental practice: Employer obligations and patient rights

Release Date
2025-04-09
Media
CDA
Summary
In the U.S., dental practices must comply with Form I-9 Employment Eligibility Verification procedures to ensure all employees are authorized to work. This has become increasingly important amid heightened immigration enforcement under recent policies. Employers are required to complete and retain Form I-9s properly, with specific timelines and documentation rules. Mistakes or noncompliance can lead to significant penalties.

Healthcare facilities, including dental offices, are considered "sensitive locations" under federal law. This means immigration officials generally need a valid warrant signed by a federal judge to enter private areas or access patient information, which is also protected under HIPAA and state privacy laws. Officials may only access public areas (like waiting rooms) without a warrant.

In the event of a Form I-9 audit, Homeland Security Investigation (HSI) delivers a Notice of Inspection, requiring employers to submit I-9 forms and other employee records within three business days. Practices are encouraged to conduct regular self-audits to ensure accuracy and compliance.

Dental offices are advised to develop a written policy outlining how to handle immigration enforcement, including designating private versus public areas, appointing a staff contact for officials, and training employees on legal rights and procedures. In California, employers must post notice of any immigration inspection within 72 hours of receiving the notice.

Overall, the article emphasizes the importance of legal compliance while protecting the rights of both healthcare providers and patients. It recommends consulting legal counsel when dealing with immigration authorities due to the complexity and evolving nature of the law.
Tags
USA

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