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The incoming Trump administration is set to revoke a long-standing policy that restricts Immigration and Customs Enforcement (ICE) agents from arresting undocumented immigrants at sensitive locations. These locations include churches, schools, hospitals, and events like weddings and funerals. According to three sources familiar with the plan, President-elect Donald Trump aims to implement this change on his first day in office.
This policy, which has been in place since 2011, requires ICE agents to obtain prior approval from supervisors before making arrests in these sensitive areas. It was designed to allow undocumented individuals to access essential services without fear of deportation, benefiting both them and the wider community. The Biden administration expanded these protections in 2021.
Trump’s proposed change aims to enhance ICE’s ability to conduct arrests nationwide as part of his goal for what he calls the “largest deportation operation in American history.” Under the existing policy, ICE can only make arrests in sensitive locations under specific conditions, such as national security threats or imminent danger. Even then, agents must seek approval from their superiors.
Critics of the plan argue it could lead to fear among vulnerable populations. Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), emphasized that past administrations recognized that while arrests may be lawful in these areas, it is not humane or wise public policy. He noted that the fear of deportation could deter individuals from seeking medical care or education.
Some religious leaders have expressed concern over potential backlash against their communities if the policy is rescinded. A deacon from an Arizona church, which has previously provided sanctuary for migrants, stated that many faith communities are worried about the implications of this policy change.
During Trump’s first term, there were instances where ICE conducted planned and urgent arrests at sensitive locations. A former Department of Homeland Security official suggested that some agents might welcome the removal of these restrictions, feeling that they had been overly constrained.
The proposed change could significantly impact those who have sought refuge in sensitive locations like churches. In 2019, at least 46 individuals were reported to be living in churches across 15 states as a means of avoiding deportation.
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