ICE Policy of Immigration Enforcement in Sensitive Location in 2025: Has It Changed?

By Richard T. Herman

Immigration Articles, Immigration Guides, 12 min read

Quick Answer: The Policy Has Changed and Is Causing Confusion

In 2025, ICE officially rescinded the Biden-era policy protecting “sensitive locations” like schools, churches, hospitals, and courthouses.
Under Trump’s administration, ICE agents (Immigration and Customs Enforcement agents) are now allowed to conduct enforcement actions in or near these places using their discretion.
This policy shift has generated fear, legal challenges, and widespread public protest.

What Were the Protections Under Biden’s 2021 Policy?

DHS Secretary Alejandro Mayorkas issued a 2021 memo establishing “protected areas.”
Locations included:
Schools (pre-K to universities)
Churches, synagogues, mosques, temples
Hospitals, clinics, urgent care, COVID sites
Courthouses
Community centers, food banks, and food pantries
Enforcement at these locations required high-level approval.
Purpose: Protect humanitarian access and reduce fear in immigrant communities.

What Changed in 2025 Under Trump?

The Mayorkas memo was revoked on Jan 20, 2025.
New 2025 guidance emphasized “common sense” discretion with no hard limits.
Enforcement can now occur at any location, including sensitive ones.
Courthouse arrests explicitly resumed.
Agents no longer need high-level approval to conduct these actions.

ICE Principles on Sensitive Locations in 2021: A Commitment to Humanity and Public Trust

What Was the 2021 Sensitive Locations Policy?

In October 2021, DHS Secretary Alejandro Mayorkas issued a pivotal ICE issued memorandum outlining ICE’s policy on enforcement in and around sensitive locations. This policy was a significant shift from prior practices, placing humanity and civil society protection at the core of immigration enforcement decisions and affecting how immigration laws were enforced in sensitive locations.

Key Protected Locations Under the 2021 Memo

ICE agents were directed to avoid enforcement actions in the following areas:

Schools and daycares
Medical and mental health facilities (including waiting areas and parking lots)
Places of worship (churches, synagogues, mosques, temples)
Religious or civil ceremonies (weddings, funerals)
Community centers and food banks
Locations assisting children, pregnant women, and survivors of abuse
Courthouses (including waiting areas and parking lots), except in limited circumstances

These areas were recognized as vital for safety, healing, education, justice, and spiritual support.

Why Did ICE Avoid Enforcement at Sensitive Locations?

The 2021 policy was grounded in fundamental public policy goals:

Preserving access to critical services. No one should fear seeking medical care or sending their child to school.
Preventing a chilling effect. Fear of deportation or deportation proceedings can deter individuals, regardless of immigration status, from attending religious services, cooperating with police, or appearing in court.
Upholding due process and democracy. Immigrants must feel safe accessing institutions that underpin civil society.
Promoting public health and safety. In the wake of COVID-19, DHS emphasized the need for community-wide access to vaccines and care.

Core Principles of the 2021 Memo

Trust over fear: ICE should not erode public trust in essential services.
Discretion with humanity: Enforcement must be carefully calibrated, not disruptive to daily life.
High-level approval required: Arrests at sensitive locations needed authorization from senior DHS leadership.
Operational necessity only: Actions at sensitive locations were limited to emergencies or when public safety demanded it.
Constitutional protections: The Fourth Amendment and Fifth Amendment ensures protections against unreasonable searches, seizures, and self-incrimination for individuals at sensitive locations, regardless of immigration status.

The Public Policy Rationale Behind the 2021 Memo

The 2021 guidance stated that immigration enforcement actions at sensitive locations could discourage:

Parents from sending children to school
Victims of domestic violence from seeking legal help
Witnesses from testifying in court
Individuals from accessing health care, food, or shelter

In essence, the memo recognized that protecting access to these institutions served the broader interests of society. It emphasized the importance of distinguishing between public areas and protected areas to ensure individuals can access essential services without fear of enforcement actions. Disruption in these spaces would undermine national public health, legal integrity, and education systems.

Why the Policy Was Widely Supported

Civil rights groups praised the memo for restoring dignity and safety to immigrant communities.
Educators and doctors noted increased attendance and service use when fear of ICE receded.
Faith leaders resumed offering sanctuary and outreach without fear of government interference.
Local officials saw stronger cooperation with police and emergency services.

Archived Resource: 2021 ICE Sensitive Locations Policy (via DHS)

Learn More:

Real-World Impacts of the Policy Change

Denver: ICE Activity Near Schools

ICE raids near school bus stops disrupted pickups and school attendance. Bus stops are considered a public area or areas open to the public, which affects enforcement protocols.
Denver Public Schools (DPS) filed a federal lawsuit to reinstate protections.
Key data:
Attendance dropped to 84.5% on raid days.
Entire classrooms had students missing.
Students asked teachers: “Is my mom safe?”

Washington, D.C.: Church Sanctuary Disrupted

A Georgia man, a specific person targeted by ICE, was arrested outside his church during service. The arrest did not disrupt any ongoing court proceedings related to the individual or the congregation.
D.C. faith leaders mobilized against the change.
Religious coalitions filed lawsuits arguing First Amendment violations.

Legal Challenges in Progress

Denver Public Schools v. DHS
Claims harm to education and procedural violations under the APA.
Maryland Faith Coalition v. DHS
Injunction granted; ICE cannot enforce at 1,400 listed churches.
D.C. Faith Organizations v. DHS
Injunction denied; appeal in progress.
Key Legal Grounds:
APA violations
Religious freedom under RFRA
First and Fourteenth Amendment concerns
In cases involving hospitals or healthcare settings, lawsuits may also cite the Accountability Act, which mandates protection of patient information and compliance with privacy laws.

What Is a Sensitive Location Now?

Officially, ICE no longer designates any location as a so-called sensitive location or as off-limits.
Discretionary language urges agents to consider impacts but allows action anywhere.
Community locations like:
Schools
Churches
Hospitals
Courthouses
are now considered public spaces for enforcement purposes and are no longer categorically protected.

Know Your Rights if ICE Shows Up

Do not open the door unless ICE presents a valid judicial warrant signed by a federal judge. A valid judicial warrant is different from an administrative warrant—an administrative warrant alone does not authorize ICE to enter a private area. ICE must have a valid administrative warrant to enter certain non public areas, but a judicial warrant is required for private areas. The Fourth Amendment protects you from unreasonable searches and seizures, especially in private and non public areas. Law enforcement, including ICE agents, must establish probable cause or have a valid judicial warrant to enter private areas. Your rights apply regardless of your immigration status, and immigration laws set the standards for enforcement actions. If ICE agents enter without a valid judicial warrant, this may constitute an unreasonable search under the Fourth Amendment.
You have the right to remain silent.
Do not sign anything without legal advice.
Document the encounter safely (video, photos).
Call a rapid response hotline or attorney immediately.
Schools and churches can legally deny ICE entry without a valid court order.

Educator and Faith Leader Action Steps

Create a rapid response protocol.
Review state/local policies (e.g., LAUSD, NYC DOE, Chicago CPS), including those related to immigration and customs enforcement.
Provide staff training, including training on health insurance portability and privacy laws.
Conduct “Know Your Rights” workshops.
Partner with legal aid groups.
Designate private areas off-limits to ICE.

Courthouse Arrests: Returning in 2025

ICE is again detaining people at immigration and civil courts.
Common targets:
Individuals of any immigration status may be subject to immigration enforcement action at courthouses.
Individuals whose removal cases are dismissed.
Witnesses and victims in civil cases.
Legal experts say this practice undermines access to justice.

Community Organizing to Protect Immigrant Spaces

Rapid Response Networks: Hotline + volunteers to monitor ICE, including the actions of ICE officials during enforcement events.
Legal Observer Trainings: Groups like ACLU, NILC offer these.
Sanctuary Congregations: Churches providing safe refuge.
Public Awareness Campaigns: Press conferences, protests, and public demonstrations.
Local Policy Pressure: Encourage city/state laws restricting cooperation.

Final Thoughts: Why This Matters

Trust in schools, churches, and hospitals is eroding.
Immigrants fear accessing essential services.
Public safety and due process are undermined.
Legal battles continue; courts and Congress may ultimately intervene.

FAQs raised by ICE’s 2025 change in policy on immigration enforcement at sensitive locations

What is a “sensitive location” in immigration enforcement?A sensitive location refers to places where immigration enforcement actions were previously limited or discouraged, such as schools, places of worship, hospitals, and courthouses. These locations were identified to protect access to essential services and reduce fear in immigrant communities.

Which agencies are responsible for immigration enforcement, and what roles do border protection and homeland security play?Immigration enforcement is primarily carried out by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP), both of which operate under the Department of Homeland Security (DHS). Homeland security sets official directives and policies that guide law enforcement authority, border security, and immigration law enforcement measures. Border protection is responsible for enforcing immigration laws at and near the border, safeguarding sensitive areas, and restricting unauthorized entry.

What happened to the 2021 ICE memo protecting sensitive locations?The 2021 memo issued by DHS Secretary Alejandro Mayorkas was revoked by the Trump administration on January 20, 2025. That memo had instructed ICE agents to avoid enforcement actions at protected areas unless absolutely necessary and with high-level approval.

What does the 2025 policy allow that the 2021 policy restricted?The 2025 policy removes categorical protections for sensitive locations. ICE now relies on agent discretion to determine where to conduct enforcement, meaning operations can legally take place at or near schools, churches, hospitals, and courthouses without requiring special approval.

Can ICE now arrest people inside churches, schools, or hospitals?Yes. Under the 2025 policy, ICE agents are not prohibited from conducting arrests at these locations. Although agents may still avoid such places in certain cases, they no longer face formal restrictions.

Has there been an increase in ICE arrests near sensitive locations since the policy change?Yes. There have been widely reported cases of ICE targeting immigrants near schools in Denver and outside churches in Washington, D.C., following the policy change. These actions have prompted lawsuits and community backlash.

Are any locations still protected by court orders?Yes. Some religious institutions and school districts have obtained temporary injunctions from federal courts that limit ICE actions on their premises. For example, over 1,400 churches are protected under a federal injunction in Maryland.

Is ICE conducting enforcement at courthouses again?Yes. ICE has resumed making arrests in and around courthouses, including immigration court, civil court, and family court. This has raised concerns about access to justice and fear among witnesses and victims of crimes.

What are the legal challenges to the 2025 policy?Several lawsuits have been filed, including by Denver Public Schools and faith-based coalitions. They argue that the rollback violates the Administrative Procedure Act (APA), constitutional rights to religious freedom and due process, and deters immigrants from accessing essential services.

What rights do individuals have if ICE shows up at a sensitive location?You do not have to open the door to ICE without a judicial warrant. You have the right to remain silent, refuse to sign any documents, and request to speak with a lawyer. These rights apply regardless of location.

Can schools or churches legally deny ICE access?Yes. Unless ICE presents a warrant signed by a judge, private institutions like schools and churches may deny entry. Administrative warrants (signed by ICE or DHS officers) are not sufficient.

Are undocumented students at risk of being arrested at school?While it’s legally possible under the new policy, most ICE operations still avoid direct enforcement inside K-12 schools due to public outcry and litigation risk. Nonetheless, parents and students are encouraged to stay informed and have emergency plans in place.

Can hospitals refuse to cooperate with ICE?Yes. Hospitals are generally considered private property. Unless ICE has a judicial warrant or exigent circumstances, hospital staff are not required to assist with enforcement actions.

What impact is this policy shift having on communities?Fear of ICE has led to declines in school attendance, canceled medical appointments, reduced participation in religious services, and reluctance to attend court hearings—even when individuals are victims or witnesses.

What can educators, religious leaders, and health professionals do to protect immigrants?They can develop internal policies, train staff on how to respond to ICE, host “Know Your Rights” workshops, and coordinate with local rapid response networks and immigration lawyers.

Are there any national efforts to reinstate sensitive location protections?Yes. Civil rights groups, immigration attorneys, and some members of Congress are advocating for legislation or executive action to codify protections for sensitive locations into federal law, rather than relying on DHS discretion.

Is there international precedent for protecting sensitive locations from enforcement?Yes. International law, including the Geneva Conventions, recognizes the sanctity of civilian institutions like schools and hospitals during conflicts. Many democracies limit enforcement in such locations to protect civil society.

Can ICE conduct surveillance near sensitive locations even if they don’t arrest someone on site?Yes. ICE can legally conduct surveillance, including photographing or following individuals near sensitive locations. This practice has also drawn criticism for chilling community participation and services.

What should I do if I witness an ICE operation at a sensitive location?Document the event if safe to do so, alert a local rapid response hotline or legal aid organization, and do not interfere. Protect the privacy of affected individuals when sharing footage.

Can my place of worship become a sanctuary?Yes. Many churches and other religious institutions designate themselves as sanctuary spaces, offering shelter and legal support to undocumented individuals. However, legal risks exist, and leaders should consult with immigration attorneys.

Where can I find support if my family is affected by ICE enforcement at a sensitive location?You can contact local immigrant rights organizations, legal aid services, and national groups such as the Immigrant Legal Resource Center, National Immigration Law Center, and the ACLU.

Call to Action: Speak with Attorney Richard Herman Today

Concerned about ICE showing up at your school, church, or courthouse? Don’t wait. Schedule a confidential legal consultation with immigration attorney Richard Herman to protect your rights, build a safety plan, and stay informed.

Book a consultation at Herman Legal Group or call 1-800-808-4013.

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