The Department of Homeland Security (DHS) under President Donald Trump this week rescinded Biden-era guidelines that previously required Immigration and Customs Enforcement (ICE) agents to seek their superior’s approval before arresting people at or near “sensitive locations” such as churches, hospitals, or schools.
The “sensitive locations” policy began in 2011 with a memo from then-ICE director John Morton. It precluded ICE agents from carrying out immigration enforcement actions in locations like hospitals, places of worship, schools, or during events such as weddings or parades unless there is an urgent need, such as a person who poses an imminent threat or if the agents have sought higher approval to do so.
The Biden administration later issued an expanded definition of “sensitive locations,” which added places like playgrounds, homeless shelters, emergency response centers, and domestic violence shelters.
The order was signed by Acting Homeland Security Secretary Benjamine Huffman, who is serving as head of the agency pending the confirmation of South Dakota Gov. Kristi Noem.
“This action empowers the brave men and women in CBP [Customs and Border Protection] and ICE to enforce our immigration laws and catch criminal aliens — including murders [sic] and rapists — who have illegally come into our country,” a DHS spokesperson said Jan. 21.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump administration will not tie the hands of our brave law enforcement and instead trusts them to use common sense.”
The possibility of the policy change had been telegraphed in December, when three unnamed sources stated that Trump planned to change the policy as soon as his first day in office as part of his broader immigration agenda. Trump on Monday signed a series of executive orders on immigration, including several that put into motion his campaign promises to close the border to asylum seekers and to carry out mass deportations of people residing in the U.S. illegally — a plan numerous Catholic leaders have criticized as unjust.
Catholic and other Christian leaders had spoken out with “grave concern” over Trump’s plans to end the “sensitive locations” policy. The Catholic bishops of Arizona in December argued that raids at “sensitive locations” like churches would violate basic human rights, including religious freedom and the right to family unity, and undermine societal stability by discouraging undocumented immigrants from seeking essential services.
Commenting on the then-prospective change, the Catholic Legal Immigration Network Inc. (CLINIC), a group launched by the U.S. bishops in 1988 to support community-based immigration programs and represent low-income migrants, said in December it is “deeply concerned about any changes that would undermine the safety and well-being of immigrants and their families.”
“Sensitive locations — such as houses of worship, schools, and hospitals — are sanctuaries where individuals seek solace, education, and critical care without fear of intimidation or detention,” Anna Gallagher, CLINIC’s executive director, said in a statement to CNA.
“This policy has long recognized the importance of these spaces for fostering trust and community stability. Rescinding it would not only disrupt families and communities but could also deter individuals from accessing essential services, such as education and health care, or practicing their faith freely … We call for the preservation of protections at sensitive locations to ensure immigrants and their families can live without fear and fulfill their basic needs, including the practice of religion.”
