Opinion | Criminalizing Your Patients Is Not Part Of Your Job as a Nurse
Podcast Episode
In 2020, I learned that a fellow nurse was asking coworkers if I should be fired for wearing my scrubs to Black Lives Matter protests. It was upsetting to hear that someone I considered a colleague would question my character and threaten my job for advocating for justice. I wore my scrubs to show solidarity with the communities I served and to highlight the connection between healthcare and police violence. This situation is an example of how policing behaviors can show up in our workplaces, causing harm when privilege and power are weaponized to silence others or respond to discomfort.
Policing behaviors don’t have to be obvious to cause harm. For example, strict “professionalism” rules often target marginalized healthcare workers. Nursing schools and workplaces sometimes enforce written (and unwritten) policies about hairstyles or head coverings, claiming it’s about professionalism, but these rules can lead to discrimination. Laws like The Crown Act have been created to protect against such race-based hair discrimination.
Similarly, hospitals and other healthcare facilities have punished workers for speaking languages other than English in common areas and reportedly encourage staff to report those who do. These policies can be used against marginalized healthcare workers and are rooted in racism and white supremacy. It’s also hypocritical to punish workers for not speaking English while relying on them for free translation services.
How Does Police Violence Affect Healthcare?
Police violence is a growing public health crisis. In just the first month of 2025, police have killed 69 people, adding to the 1,260 people killed in 2024. According to the organization Mapping Police Violence, “Black people were 28% of those killed by police in 2024 despite being only 13% of the population.” This violence takes a heavy toll on communities, and healthcare workers are often caught in the middle.
Some healthcare workers contribute to this problem by helping law enforcement, by doing things like providing blood samples or patient information without a warrant. This often stems from racial or implicit biases that unfairly criminalize marginalized groups.
What Can Healthcare Workers Do?
In a Nurse Converse podcast episode titled: “Nurses, Patients, and Criminalization: Navigating Complex Encounters in Healthcare,” Portia Wofford-Terry, a fellow nurse and community advocate, joins me to explore how healthcare workers can address these systemic issues. We highlight several cases:
- Sonya Massey - A Black woman killed by police in July 2024. Her story shows the need to address the root causes of violence and inequality in healthcare and law enforcement
- Nurse Alex Wubbles - A nurse who was arrested for refusing to let police take a blood sample from an unconscious patient without consent or a warrant. Her case is a powerful example of standing up for patient rights. It can serve as a case study on patient advocacy, even in the face of authority, when it violates patient rights and hospital protocol.
- Amber Nicole Thurman - A Black mother and nursing student who died from preventable complications after a self-managed abortion in Georgia. Her story highlights how laws can delay life-saving care.
In the podcast episode, we’ll look at how nurses can help build safer and more equitable healthcare systems by working with community organizers. Together, we can ensure that responses to public health emergencies are just and effective, especially for historically marginalized communities.
Reimagining Patient Advocacy
In January 2025, the Trump Administration introduced an executive order removing protections that prevented Immigration and Customs Enforcement (ICE) from arresting undocumented immigrants in sensitive places like hospitals, outpatient clinics, and schools. This has left many healthcare workers worried about patient safety.
Key Points for Healthcare Workers
Here’s how you can protect your patients and yourself:
- Understand your role. Your main job is to advocate for your patients, not to assist law enforcement.
- Know the limits of police authority in healthcare settings. Police and ICE have legal boundaries in healthcare settings. You don’t have to comply with requests that violate patient safety, bodily autonomy, privacy, or hospital policies.
- Nursing Code of Ethics and hospital policies. Consider referring to specific sections of the Nursing Code of Ethics and hospital policies that nurses should be familiar with when faced with law enforcement requests. This could include:
- Refusing to interact with law enforcement or ICE without legal counsel present
- Refusing to interact with law enforcement or ICE without leadership present
- Protecting patient privacy (HIPAA considerations)
- Obtaining proper consent
- Ensuring patient safety
- Understanding your hospital/employer policies and procedures
Nurses and other healthcare workers can interact with law enforcement or ICE while ensuring their responsibilities to their patients are not compromised.
- Stay calm but firm
- Request proper documentation, like warrants or court orders
- Involve hospital administration, legal teams, or union representatives
- Never speak to law enforcement or ICE alone
- Don’t let them interact with patients or families without proper documentation
- Do not consent or comply in advance on behalf of patients or family members
Remember that some of your coworkers may be of a vulnerable status and could be at risk if you allow ICE or law enforcement to enter the building.
Practical Steps for Healthcare Workers
This article outlines resources for healthcare workers navigating ICE attempting to enter a healthcare facility.
You have the power to protect your patients, and by using available resources, you can advocate for patients and yourself, even in high-pressure situations.
Before you face a difficult situation, think about what you’re willing to do to protect your patients. Know your limits and decide ahead of time what you’re comfortable with. Having a predetermined understanding of what lines you are willing to and unwilling to cross to protect patients before you encounter a scenario is critical.
You are not alone in this fight for patient safety. Join a weekly support group for healthcare workers to access resources and share your experiences with people going through similar challenges.
Connect with Sarah Warren on social media:
- Instagram: @shesinscrubs
Connect with Portia Wofford-Terry on social media:
- Instagram: @thewritenurse
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