Emergency Departments Should be Safe Zones for Patients

WASHINGTON, DC - The American College of Emergency Physicians (ACEP) is committed to ensuring that emergency departments remain places where all individuals can safely seek emergency medical care without fear. Patients in need should be assured that emergency departments are safe zones for all. This has been ACEP's position since 1995, reaffirmed most recently in September 2024:

Delivery of Care to Undocumented Persons

The American College of Emergency Physicians (ACEP) opposes federal and state initiatives which require physicians and health care facilities to refuse care to undocumented persons or to report suspected undocumented persons to immigration authorities. Emergency providers are required by federal law (EMTALA) to provide stabilization to all persons who present to them. Based on our moral and legal obligations, we do not discriminate against any patient based on race, gender, national identity or ability to pay. ACEP opposes actions that might dissuade any ill or injured patient from seeking care, including fear of intervention by immigration authorities. As such, ACEP supports all emergency departments and emergency providers in not inquiring about or reporting immigration status unless specifically relevant. Patients in need should be assured that emergency departments are safe zones for all.

ACEP supports emergency departments, emergency medicine physicians, and other care providers in not inquiring about or reporting immigration status, as this information is not relevant to providing emergency medical care. The focus of emergency medicine physicians and the care team is, and must remain, on the medical needs of the patients we treat and the communities we serve. We oppose any action, including immigration enforcement activity, that may discourage individuals from seeking and receiving necessary emergency medical treatment.

Our position is grounded in our moral and legal obligations as physicians and in ACEP's core policy principles:

Legal Obligation to Provide Care. Under EMTALA, emergency physicians are legally obligated to provide medical screening and stabilizing treatment to anyone who presents to an emergency department, regardless of national identity or ability to pay. This is federal law.

Uninterrupted Access to Care. All patients must be able to access emergency medical care without fear or delay. Emergency departments serve as a vital safety net, and any factors that deter individuals from seeking care may endanger public health.

Patient Confidentiality. Emergency physicians have ethical and legal responsibilities to protect patient health information. Disclosure of confidential patient information to any third party, including law enforcement, is governed by established legal frameworks requiring patient consent, applicable legal mandates, or valid court orders.