Shipman & Goodwin LLP

Healthcare

Two Federal Courts Issue Injunctions Temporarily Blocking Trump's Executive Order Restricting Access to Gender-Affirming Care
February 17, 2025 - by: Joan Feldman and Chelsea McCallum

On January 28, 2025, President Trump issued Executive Order 14187, directed at limiting gender-affirming care provided to children and teenagers under the age of nineteen, alerting that the federal government “will not fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another,” and “will rigorously enforce all laws that prohibit or limit” gender-affirming care. Last week, two separate federal courts issued temporary restraining orders temporarily suspending the federal government’s ability to enforce part of E.O. 14187.

The Trump Administration’s flurry of executive orders directing the implementation of immigration policy objectives to carry out the “largest domestic deportation operation in American history” has many hospitals and other health care providers deeply concerned and anxious about visits from U.S. Immigration and Customs Enforcement (ICE) and uncertain about what to do if they arrive. Adding to the concern, the Department of Homeland Security (DHS) recently lifted Biden Administration restrictions on DHS enforcement activity in certain designated “sensitive areas”, including hospitals and medical offices, churches, and schools.

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Immigration

Immigration Enforcement for Healthcare Facilities
January 30, 2025 - by Joan W. Feldman, Marc C. Lombardi and Nina Pelc-Faszcza

The Trump Administration’s flurry of executive orders directing the implementation of immigration policy objectives to carry out the “largest domestic deportation operation in American history” has many hospitals and other health care providers deeply concerned and anxious about visits from U.S. Immigration and Customs Enforcement (ICE) and uncertain about what to do if they arrive. Adding to the concern, the Department of Homeland Security (DHS) recently lifted Biden Administration restrictions on DHS enforcement activity in certain designated “sensitive areas”, including hospitals and medical offices, churches, and schools.

Yesterday (January 28, 2025), the Connecticut State Department of Education (CSDE) released a guidance document regarding ICE enforcement actions at schools. In the wake of the Department of Homeland Security’s recission of its longstanding “protected areas” policy, public school districts across Connecticut have been requesting guidance from the state regarding their compliance obligations. The CSDE’s guidance aims to answer some of the most frequently asked questions from districts.

With the new presidential administration’s hard stance on immigration, many school officials are anxious about visits from U.S. Immigration and Customs Enforcement (ICE) and uncertain about what to do should such a visit occur. While enforcement action by ICE has always been possible and does happen on occasion, the chances of such an event occurring at a school have historically been low. Moreover, for many years schools have enjoyed some protection in accordance with the “protected areas” policy issued by the U.S. Department of Homeland Security (DHS). This policy provided that DHS generally should not take an enforcement action in or near a location that would restrain access to essential services or engagement in essential activities, such as a school, health care facility, or social services establishment. However, DHS rescinded the protected areas policy on Inauguration Day (January 20, 2025), leaving these institutions at greater risk of DHS enforcement action.

It was just announced that acting U.S. Department of Homeland Security Secretary Benjamine Huffman has issued a directive that rescinds the Biden Administration’s guidelines for DHS enforcement actions in or near “protected” or “sensitive” areas. With the new presidential administration’s hard stance on immigration, many organizations are feeling anxious about visits from U.S. Immigration and Customs Enforcement (ICE) and uncertain about what to do should such a visit occur. While enforcement action by ICE has always been possible and does happen on occasion, the chances of such an event occurring at an ordinary place of business have historically been low. However, since the protected areas policy has been rescinded, this may leave perhaps the most vulnerable of institutions at greater risk of DHS enforcement action.

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Litigation

Federal OMB Funding Freeze and Litigation Primer
February 12, 2025 - by Eric Del Pozo and Christopher J. Cahill

Amid a surge of presidential executive orders since the change in administrations, the federal Office of Management and Budget (OMB) has published a series of documents that have spawned much confusion and litigation. Via these directives, OMB announced what looked to be a facially sweeping freeze on nearly all federal funding awards, then quickly walked back that announcement—but continues to endorse federal agencies’ independent ability under applicable law to review and restrict funding within each agency’s purview, to align with presidential priorities as expressed in the executive orders.

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Schools

President Trump Issues Executive Order Entitled Ending Radical Indoctrination in K-12 Schooling
February 7, 2025 - by Dori Pagé Antonetti and Joseph Miller

On January 29, 2025, President Trump issued an executive order entitled “Ending Radical Indoctrination in K-12 Schooling.” Contending that students are being indoctrinated with “anti-American, subversive, harmful, and false ideologies,” the order pledges to protect parental rights, eliminate discriminatory programs, and promote a more positive vision of American history. For analysis of what the order says and what it means for schools, read the full alert.

On January 28, 2025, the United States Department of Education’s Office for Civil Rights (OCR) notified Denver Public Schools that it was opening a “directed investigation” regarding the district’s all-gender bathrooms. This investigation is one of the first publicly announced actions that OCR has taken in the wake of the January 20 executive order regarding gender, so the announcement provides valuable insight into how OCR intends on interpreting and implementing this executive order.

Yesterday (January 28, 2025), the Connecticut State Department of Education (CSDE) released a guidance document regarding ICE enforcement actions at schools. In the wake of the Department of Homeland Security’s recission of its longstanding “protected areas” policy, public school districts across Connecticut have been requesting guidance from the state regarding their compliance obligations. The CSDE’s guidance aims to answer some of the most frequently asked questions from districts.

With the new presidential administration’s hard stance on immigration, many school officials are anxious about visits from U.S. Immigration and Customs Enforcement (ICE) and uncertain about what to do should such a visit occur. While enforcement action by ICE has always been possible and does happen on occasion, the chances of such an event occurring at a school have historically been low. Moreover, for many years schools have enjoyed some protection in accordance with the “protected areas” policy issued by the U.S. Department of Homeland Security (DHS). This policy provided that DHS generally should not take an enforcement action in or near a location that would restrain access to essential services or engagement in essential activities, such as a school, health care facility, or social services establishment. However, DHS rescinded the protected areas policy on Inauguration Day (January 20, 2025), leaving these institutions at greater risk of DHS enforcement action.

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