DHS Issues New "Protected Area" Immigration Enforcement Guidelines that includes Colleges, Universities, and Healthcare Facilities
/Secretary of Homeland Security Alejandro N. Mayorkas today issued a new, comprehensive policy to guide Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near protected areas, replacing previous sensitive locations guidance. The first-ever policy for both ICE and CBP provides an expanded and non-exhaustive list of protected areas, including new designations such as places where children gather, disaster or emergency relief sites, and social services establishments.
The new policy, which is effective immediately, supersedes and rescinds all previous sensitive locations guidance and establishes that enforcement actions should not be taken in or near a location that would restrain people’s access to essential services or engagement in essential activities. DHS officers and agents will use their judgment to determine whether a location is a “protected area” taking into consideration the activities that take place there, the importance of those activities to the well-being of people and the communities of which they are a part, and the impact an enforcement action would have on people’s willingness to be in the protected area and receive or engage in the essential services or activities that are offered there.
Some examples of protected areas include, but are not limited to:
Schools, such as known and licensed daycares, pre-schools, and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events
Medical treatment and healthcare facilities, including COVID-19 vaccination locations
Places of worship or religious study, such as churches, synagogues, mosques, and temples
Places where children gather such as a playground, recreation center, childcare center, before- or after-school care center, foster care facility, group home for children, or school bus stop
Social services establishments such as a crisis center, domestic violence shelter, victims services center, child advocacy center, supervised visitation center, family justice center, community-based organization, facility that serves disabled persons, homeless shelter, drug or alcohol counseling and treatment facility, or food bank or pantry or other establishment distributing food or other essentials of life to people in need
Disaster or emergency response and relief centers
Religious or civil ceremonies or observances, such as funerals and weddings
Public demonstrations, such as parades, demonstrations, or rallies
