Are Undocumented People Safe From ICE in "Sensitive Locations"?

If you are in the United States without immigration papers, you have no doubt heard stories about officers from Immigration and Customs Enforcement (ICE) raiding homes, workplaces, street corners, hospitals, and more. Enforcement efforts have been stepped up significantly since Donald J. Trump took office for the second time, and non-criminal immigrants are now targeted with near-equal intensity to those who have criminal records or previous deportations. Is there anywhere you can go to be safe?

In the past, ICE followed what was known as a "sensitive locations" policy, outlined in a 2011 memo. Under this policy, ICE searches, arrests, and other enforcement actions were not supposed to take place at schools, churches, and so on, unless warranted by exigent circumstances or the ICE agents had obtained prior approval from someone higher up in the Department of Homeland Security (DHS). ICE employees were also told to exercise caution, especially when dealing with any organization assisting children, pregnant women,
victims of crime or abuse, or individuals with significant mental or physical disabilities.

Trump Administration Doesn't Follow Sensitive Location Policy

The second Trump administration immediately rescinded existing policy on sensitive locations. Because this was a policy, not codified into law, immigration advocates have had little legal recourse; though a U.S. district judge in Maryland cited religious freedom in temporarily blocking ICE from conducting immigration enforcement actions at certain houses of worship, including Quaker congregations, a Cooperative Baptist Fellowship network in Georgia, and a Sikh temple. And the news is full of reports of ICE agents making arrests in places that wouldn't have been normal before, including at immigration court hearings.

What Were Considered "Sensitive Locations Before?"

To some degree, ICE determines what locations might be seen as "sensitive" on a case-by-case basis. However, the 2011 memo provided the following examples:

• schools (pre-school, primary, secondary, post-secondary, colleges, universities, and other institutions of learning such as vocational or trade schools)
• hospitals
• churches, synagogues, mosques or other houses of worship, including buildings rented for religious services
• sites of funerals, weddings, or other public religious ceremonies, and
• public demonstrations, such as marches, rallies, or parades.

The idea was to avoid significant disruptions. The memo also noted that if an action brings ICE agents close to a sensitive location, they were expected to conduct themselves discreetly.

Even under this memo, exceptions to the sensitive-locations policy could be made in situations where, for example, national security was at stake, ICE was pursuing a dangerous felon or terrorist suspect, there was an imminent risk of someone dying or a person or property undergoing violence or physical harm, or they might have otherwise lost evidence that was important to an ongoing criminal case.

Seek Legal Help

This new policy (or lack thereof) has caused widespread panic. Though it hasn't been implemented as broadly as the news might lead one to believe, its unpredictability causes understandable fear. It would be prudent, if you are undocumented, to research whether you have any possibility of applying for status in the United States and consult with an immigration attorney for a full personal case analysis.

And in case the worst happens, take steps to protect your U.S.-based family members with an emergency plan. See, for example, Arrest by ICE: How Can I Arrange to Protect My Child in the Event of Deportation?