The incoming Trump administration will implement a long-standing system that has prevented Immigration and Customs Enforcement agents from arresting illegal aliens in or near so-called sensitive areas such as houses of worship, schools, hospitals, or funerals, weddings, and public places. Japan intends to withdraw its policy. Three people familiar with the plan said the demonstration was carried out without regulatory approval.
President-elect Donald Trump plans to rescind the policy on his first day in office, officials said. The people spoke on condition of anonymity because they were not authorized to discuss the changes publicly.
The move is part of President Trump’s plan to carry out what he has said he wants to accomplish, the “largest deportation operation in American history,” to increase ICE’s power and speed to arrest immigrants across the United States. The purpose is
The policy, which prevents agents from making unauthorized arrests in sensitive locations, began with a memo sent by then-ICE Director John Morton in 2011 and continued through the first Trump and Biden administrations. Ta. This is aimed at allowing illegal immigrants to operate freely in certain public areas, with the idea that doing so will ultimately benefit not only them, but the larger community as well. It was something. In 2021, the Biden administration released its own guidance expanding the list of areas “in need of special protection.”
“Immigration enforcement has always required a balance. Presidents of both parties have argued that just because arrests at hospitals and schools are legal, that doesn’t mean it’s humane or wise public policy. “We’ve realized that there’s no limit,” said Lee Gelernt, an attorney with the American Civil Liberties Union.
“We don’t want people with communicable diseases to be too scared to go to the hospital, or children to miss out on education because of inadequate deportation policies.”
Under this policy, ICE agents may use confidential information for arrests under certain conditions, such as national security or terrorism issues, arrests of felons deemed dangerous, or when there is an imminent risk of death or physical harm. allowed to enter the place. Concerns that people, property, or evidence of a criminal investigation may be suppressed.
Even under these circumstances, agents still needed approval from their superiors to plan arrests in sensitive areas. Additionally, if you feel that urgent action is necessary, but you need to discuss this with your supervisor after the fact, you may proceed to make an arrest.
Under the first Trump administration, there were at least 63 planned arrests and 5 emergency arrests at or near sensitive locations, according to ICE data covering the period October 1, 2017 to October 31, 2020. There was an arrest.
The idea that President Trump could allow ICE agents to make arrests anywhere, even inside schools and places of worship without current restrictions, is based on a list of policy proposals distributed by the Heritage Foundation before the election, Project It started to spread in 2025.
Some church leaders say they have been harassed for providing sanctuary to immigrants and are already discussing the impact of policy changes on sensitive areas.
“Many churches and faith communities are very concerned about the potential for a backlash,” said a deacon at an Arizona church that has served as a sanctuary for immigrants in the past. Church leaders asked NBC News not to use the person’s name due to concerns for the safety of the congregation.
In January 2017, at the beginning of President Trump’s first term, then-Secretary of Homeland Security John Kelly rewrote several policies for both ICE and Customs and Border Protection regarding sensitive locations. The rules were not revoked.
A former Department of Homeland Security official said he felt bogged down by restrictions on where they could operate, and felt the policy had been “abused” by wanted persons in the past. He said the change in policy may be welcome news.
“I think there were probably good reasons for it at the time,” the former official said. “I don’t think it’s necessary anymore.”
A former Department of Homeland Security official said ICE officers already consider individual circumstances when considering where best to conduct enforcement, and that removing the policy would “reduce the administrative burden.” “It will be done,” he said.
The changes would have a broader impact, but in some cases it would mean ending a history of people living in sensitive spaces such as churches for years and seeking deportation protection. There is a possibility. At least 46 people stayed in churches in 15 states in 2019, according to Church World Service, a faith-based organization that tracks the number of sanctuary seekers in the United States.
