Notice to universities, hospitals, health clinics, and churches: “sensitive places” are no longer protected from ICE

During his first week back in office, President Trump rescinded previously longstanding guidance that prevented Immigration and Customs Enforcement (ICE) from conducting immigration enforcement at “sensitive locations,” which are schools, hospitals, health clinics, and churches. ICE is now able to enter these spaces to question people and arrest noncitizens who ICE accuses of violating immigration law. The National Immigration Law Center has published a factsheet detailing this new policy and its impacts; the factsheet is available here.

Under the Fourth Amendment, schools, hospitals, health clinics, and churches do not have to allow ICE into their spaces unless ICE has a judicial warrant from a state or federal court judge. An administrative order or warrant from an immigration judge or the Department of Homeland Security is not a judicial warrant and does not permit ICE entry without consent. Consent may be withheld. Individuals at schools, hospitals, health clinics, and churches also do not have to provide ICE with identification documents unless ICE has a judicial warrant. Additional information on immigration rights is available on the American Civil Liberties Union’s website here.