Trump ICE Arrests: Churches, Schools, Courthouse, Hospital Protection Removed

By Richard T. Herman, Esq.

How to Respond

On January 20, 2025, the Trump Administration rescinded a Biden-era policy that protected certain “sensitive” locations—such as churches, schools, and hospitals—from immigration enforcement. This change gives Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) officers the authority to conduct arrests in these previously protected areas, relying on an undefined notion of “common sense.” The impact on America’s schools is particularly concerning, as the policy change could instill fear in immigrant communities, potentially deterring children from attending school and families from seeking essential services due to the threat of deportation. Immigration agents now have the ability to apprehend individuals in places traditionally considered safe, such as schools and churches, heightening anxiety among immigrant families.

The removal of these protections threatens the safety and wellbeing of immigrant communities, deterring individuals from accessing essential services such as healthcare, education, and religious support. This factsheet explains what the former policy entailed, the legal landscape following its rescission, and steps communities can take to support affected individuals.

What Were Protected Areas Policies?

Since 2011, the Department of Homeland Security (DHS) maintained guidance instructing ICE to avoid enforcement actions in specific locations, formerly referred to as “Sensitive Locations.”

The “sensitive locations” directive aimed to prevent immigration arrests in certain places deemed critical for community safety and public trust. These locations included:

Schools and educational institutions –including K-12 institutions, colleges, and vocational training centers.
Churches and places of worship – including mosques, synagogues, and temples.
Hospitals and medical facilities – including emergency rooms, clinics, and rehabilitation centers.
Public demonstrations and shelters – locations that previously offered safe spaces for vulnerable individuals.
Funerals, weddings, and other significant public ceremonies

Expanded Protections Under Biden (2021)

In 2021, the Biden Administration broadened the scope of protected areas to include:

Educational institutions: Preschools, K-12 schools, colleges, and universities.
Healthcare facilities: Hospitals, clinics, doctors’ offices, and vaccination sites.
Places of worship: Churches, synagogues, mosques, and other religious institutions.
Child-centered locations: Playgrounds, childcare centers, and school bus stops.
Social service establishments: Food pantries, domestic violence shelters, and homeless shelters.
Emergency response sites: Disaster relief centers, evacuation routes, and emergency shelters.
Courthouses: With limited exceptions, enforcement actions in courthouses were restricted.
Public gatherings: Such as weddings, funerals, rallies, and parades.

ICE was also directed to avoid enforcement “near” these locations, including adjacent sidewalks, parking lots, and entrances.

Under the new directive, ICE officers will have more latitude to make arrests in these locations, a move the Trump administration argues is necessary to strengthen immigration enforcement and national security.

What Changes Under Trump?

No clear replacement policy: The Trump administration has not clarified whether all memos were rescinded or if new guidance will be issued.
ICE permitted in schools and churches: Officials have explicitly stated that ICE may conduct operations in these locations.
Heightened fear in immigrant communities: The rollback sends a clear message that no place is truly safe from immigration enforcement.

Trump Administration’s Justification for the Policy Change

A DHS spokesperson defended the decision, emphasizing that law enforcement officials will use “common sense” in making arrests.

The Department of Homeland Security (DHS) defended the change, stating: “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.”

This policy change aligns with the Trump administration’s broader goal of mass deportations, aiming to deport millions of undocumented immigrants and allowing arrests in sensitive locations like schools and churches.

“This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens—including murderers and rapists—who have illegally entered our country,” the spokesperson said. The administration contends that the previous policy allowed undocumented immigrants to evade arrest by seeking refuge in protected locations.

Expanded Authority for ICE at Courthouses by Department of Homeland Security

In addition to lifting restrictions on schools and religious institutions, ICE is now permitted to conduct operations in and around courthouses. According to a memo obtained by ABC News, officers are allowed to carry out immigration enforcement if they have “credible information” that an undocumented immigrant will be present at a specific location.

Key points from the memo include:

ICE officers may make arrests in courthouses when targeting individuals with pending criminal cases.
Enforcement operations should, when possible, take place in non-public areas of the courthouse.
ICE will coordinate with court security staff to minimize disruptions to court proceedings.
Arrests should generally not occur in areas dedicated to non-criminal proceedings, such as family court or small claims court.

This marks a significant departure from previous policies, where courthouse arrests were discouraged due to concerns that they would deter undocumented individuals from appearing in court, even for legal matters unrelated to immigration.

Terminology Change: Return to “Alien” Instead of “Noncitizen”

In another internal policy shift, the Trump administration is also reinstating older terminology for individuals in the country without legal status. A separate memo directs ICE employees to:

Use the term “alien” instead of “noncitizen.”
Refer to individuals in the country illegally as “illegal aliens.”

This reverses a language change made under the Biden administration in 2021, when former DHS Secretary Alejandro Mayorkas issued guidance encouraging the use of more neutral terms such as “noncitizen” to reflect inclusivity and reduce stigma.

Public and Political Reactions

The rollback of the sensitive locations policy has sparked strong reactions from both supporters and critics:

Supporters argue that the new rules will close loopholes that previously allowed dangerous criminals to avoid arrest. They believe this move strengthens law enforcement’s ability to uphold immigration laws without unnecessary restrictions.
Critics warn that targeting schools, churches, and courthouses may create fear in immigrant communities, discouraging people from attending school, seeking medical care, or reporting crimes.

Legal experts also caution that courthouse arrests could undermine the justice system by deterring witnesses and victims from participating in legal proceedings, potentially allowing crimes to go unreported and unresolved.

Trump’s Hardline Approach to Immigration Enforcement

President Trump has made immigration enforcement a central priority of his administration. Since taking office for his second term, he has already signed several executive orders, including:

Cutting off access to the CBP One mobile app, which previously helped migrants schedule asylum appointments.
Suspending the U.S. refugee resettlement program, effectively halting the intake of new refugees.
Encouraging greater cooperation between ICE and local law enforcement agencies, making it easier for officers to detain and deport undocumented individuals.

His administration argues that these policies will restore border security and uphold U.S. immigration laws. However, critics warn that these measures will create fear among immigrant communities and deter people from seeking essential services.

Expedited Removal Policy Reinstated Nationwide

Alongside the rollback of sensitive location protections, the Trump administration has also reinstated nationwide expedited removal—a policy that enables ICE agents to deport undocumented immigrants quickly if they cannot prove they have lived in the U.S. for over two years.

Key Aspects of Expedited Removal:

Allows ICE officers to immediately deport individuals without a court hearing if they lack proof of long-term residence.
Previously applied only to individuals found within 100 miles of the U.S.-Mexico border but now applies nationwide.
Expected to increase the number of deportations, especially in interior regions of the country.

Mass Deportations Plans Underway

These policies are part of a broader immigration crackdown under President Trump. On Monday, he signed executive orders that:

Ended access to a federal app that previously facilitated entry for thousands of asylum seekers.
Suspended the U.S. refugee system, significantly limiting humanitarian entry.
Encouraged ICE to work closely with local law enforcement to track and detain undocumented immigrants.

DHS officials have confirmed that mass deportation efforts will begin immediately. Trump’s border czar, Tom Homan, emphasized that ICE officers nationwide would be actively pursuing undocumented individuals.

“They’re going to do it throughout the country. We have offices throughout the country, and every ICE officer is going to be out there enforcing the law starting tomorrow morning.”

Impact on Immigrant Communities and Public Safety

Increased Fear and Disruption

Healthcare avoidance: Immigrants may avoid seeking medical treatment, leading to worse health outcomes for individuals and potential public health risks for communities.
Educational barriers: Fear of enforcement may discourage parents from sending children to school or participating in school-related activities.
Religious suppression: Faith-based organizations often provide crucial support services; ICE activity may deter attendance and engagement.
Public safety concerns: Survivors of domestic violence, crime, or workplace exploitation may hesitate to report abuse for fear of encountering ICE.

Public Health Consequences

Lower vaccination rates: The policy change could result in decreased access to vaccinations and healthcare screenings.
Increased disease spread: When communities avoid clinics, undiagnosed and untreated illnesses pose broader risks.
Mental health strain: The constant fear of enforcement can increase stress, anxiety, and other mental health challenges in immigrant communities.

Concerns from Advocacy Groups and Faith Leaders

Immigrant rights advocates have expressed alarm over the policy shift, arguing that it will have devastating consequences for families, including U.S. citizens with undocumented relatives.

“This action could have severe consequences, deterring immigrant families from seeking medical care, sending their children to school, or accessing emergency services,” said Olivia Golden, interim executive director of the Center for Law and Social Policy.

Faith leaders have also spoken out against the policy, emphasizing their long-standing role in providing sanctuary to vulnerable individuals. The Reverend K. Karper, senior pastor at St. Paul & St. Andrew United Methodist Church in New York City, stated that his church would continue to offer protection to immigrants despite the policy change.

“It’s part of our religious mission to provide safety to those in need, regardless of their immigration status,” Karper said. “We will not allow ICE agents into our church unless they have a valid warrant.”

Religious leaders have also expressed concern. During an inaugural prayer service on Tuesday, the Episcopal bishop of Washington appealed directly to Trump:

“Have mercy upon immigrants and LGBTQ+ people.”

Faith communities, historically safe havens for undocumented individuals, fear the new policy will deter people from attending religious services and seeking sanctuary.

Immigrant rights groups and social policy organizations have strongly condemned the move, warning of potential harmful effects on families and communities. The Center for Law and Social Policy (CLASP) issued a statement outlining the possible consequences:

Discourages immigrants from seeking medical care, including emergency treatment and vaccinations.
Prevents families from seeking disaster relief, fearing ICE presence at shelters.
Disrupts education, as undocumented parents may be too afraid to send their children to school.
Increases the likelihood of children witnessing arrests, which can have lasting psychological effects.

Schools and Local Governments Push Back

Educational institutions and local governments across the country have been preparing for these changes. In California, for example, school districts have reiterated their commitment to keeping ICE out of schools.

“Our policy is clear: Immigration enforcement is not allowed on our campuses unless required by a valid court order,” said Diana Diaz, spokesperson for Fresno Unified School District.

Similarly, in Chicago, the Board of Education passed a resolution stating that schools would not assist ICE in any immigration enforcement efforts. The resolution also prohibits ICE agents from entering school grounds without a criminal warrant.

The Chicago Public Schools Board adopted a resolution that prohibits schools from assisting ICE in enforcing immigration law, ensuring that federal agents cannot enter schools without a valid court order, thus reinforcing the schools as safe havens for immigrant families amidst heightened immigration enforcement.

Impact on Sanctuary Churches and Communities

For years, churches have been a refuge for undocumented immigrants seeking protection from deportation. A 2018 Associated Press report found that since 2014, at least 70 public cases of people taking sanctuary in churches had been documented. More than 50 of those cases occurred during Trump’s first presidency as his administration cracked down on immigration.

With the new policy in place, it is unclear how ICE will handle these situations. Some fear that agents may begin raiding churches, a move that would likely spark legal challenges and public outcry.

Legal and Human Rights Concerns

Legal experts warn that increased ICE enforcement at sensitive locations could lead to violations of civil rights and due process protections. Immigration lawyers argue that many undocumented immigrants have legal avenues for relief but are often too afraid to seek assistance due to fear of deportation.

“We are not in 1930s Germany,” Karper said, invoking historical comparisons. “There is still a rule of law in this country, and people have rights.”

As Trump’s administration moves forward with its aggressive immigration agenda, advocates, educators, and faith leaders are bracing for a period of uncertainty and potential legal battles over the new enforcement practices.

Families Worry About School Safety Amid New Immigration Policy

As President Donald Trump intensifies his crackdown on undocumented immigrants, many families are questioning whether it is safe to send their children to school.

For years, schools were considered “safe zones” where Immigration and Customs Enforcement (ICE) and other federal agencies avoided conducting arrests. However, the Trump administration has reversed that policy, raising alarm among immigrant communities across the United States.

On Tuesday, the Department of Homeland Security (DHS) announced that immigration officials would no longer be restricted from making arrests in sensitive locations like schools, churches, and hospitals. This decision has sparked fear and uncertainty among thousands of families, with some parents reconsidering their children’s education over concerns about safety.

Parents Grapple with Difficult Choices

Carmen, a grandmother from Mexico living in the San Francisco Bay Area, was shocked to hear that schools were no longer off-limits to immigration enforcement.

“Oh, dear God! I can’t imagine why they would do that,” she said, visibly distressed.

Despite her fears, she took her grandchildren—ages 6 and 4—to school the next day after reassurances from school officials that the campus remained a safe space.

“What has helped calm my nerves is knowing that the school stands with us and promised to inform us if it’s not safe at school,” Carmen explained.

Many other parents across the country, however, remain uncertain, worried that sending their children to school might lead to their own or their children’s arrest.

Schools Caught in the Middle

Educators and school officials have been working to reassure families while navigating the changing political landscape.

In some cities, school districts have reaffirmed their commitment to keeping immigration enforcement out of classrooms.

California officials reminded schools that state law limits local participation in immigration enforcement.
New York City schools emphasized their policy of not collecting student immigration status.
Chicago Public Schools passed a resolution stating that ICE agents will not be allowed on school grounds without a judicial warrant.

Pedro Martinez, CEO of Chicago Public Schools, stressed that protecting students is a priority. “We’re trying to simplify for our staff, making it clear we’re just not going to interact with ICE,” he said.

Despite these efforts, not all school districts have taken similar measures. In some areas, the absence of clear policies regarding immigration law leaves families even more anxious about what the future may hold.

Policy Change Sparks Concerns Over Health Care Access

The Trump administration’s decision to rescind the Immigration and Customs Enforcement (ICE) “sensitive locations” policy has raised alarm among medical professionals and human rights advocates. The policy previously prevented immigration enforcement actions in critical spaces such as hospitals, schools, and places of worship. With these protections removed, many immigrants now face a difficult choice: seek necessary medical care or avoid potential detention and deportation.

Health and Safety at Risk

According to Dr. Katherine Peeler, a medical advisor at Physicians for Human Rights (PHR) and an assistant professor of pediatrics at Harvard Medical School, the policy change places thousands of individuals in a dangerous situation:

Many immigrants may delay or avoid seeking life-saving treatment due to fear of immigration enforcement.
The decision creates an environment where individuals must choose between their health and personal safety.
Public health is also at risk, as delayed treatments can lead to the spread of preventable diseases.

Dr. Peeler emphasized the fundamental role of hospitals as safe spaces where medical care should be prioritized over fear of deportation. She warned that undermining this principle fosters discrimination, unnecessary suffering, and a breakdown of trust in health care institutions.

Ethical Concerns for Medical Professionals

Physicians and health care providers have a duty to treat patients without discrimination. Dr. Peeler stressed that allowing immigration enforcement within hospitals compromises a fundamental medical ethics principle: trust between doctors and patients. Without trust, patients may refuse to seek care, worsening health outcomes for individuals and communities.

Dr. Altaf Saadi, an assistant professor of neurology at Harvard Medical School and a medical expert at PHR, reinforced this concern, stating:

Health care providers are not law enforcement agents and should not be placed in a position where patients fear their presence.
The removal of “sensitive locations” protections could weaken the therapeutic alliance between patients and clinicians.
Medical organizations must take proactive steps to ensure that hospitals remain safe spaces for all patients, regardless of their immigration status.

Trump’s border czar, Tom Homan, emphasized the administration’s crackdown on unauthorized immigrants, particularly in sensitive locations like schools and churches, and the shift towards prioritizing arrests of individuals without criminal records in sanctuary jurisdictions.

Real-Life Consequences: A Public Health Crisis

The potential consequences of this policy change extend beyond individual patients. In 2019, PHR released a report titled Not in My Exam Room: How U.S. Immigration Enforcement Is Obstructing Medical Care, which documented cases of immigrants avoiding medical treatment due to fear of ICE presence in or near health care facilities. This reluctance to seek care could lead to:

Increased emergency room visits due to untreated chronic conditions.
Higher mortality rates for preventable illnesses.
Greater strain on the health care system as minor health issues develop into severe medical crises.

Call to Action: Protecting Health Care Access for All

Physicians for Human Rights, a New York-based advocacy organization focused on preventing mass atrocities and severe human rights violations, is urging policymakers and health care institutions to take immediate action to counteract the negative effects of this decision.

Steps Health Care Institutions Can Take:

Establish Clear Policies: Hospitals should reaffirm their commitment to patient confidentiality and clarify that their facilities are places of healing, not enforcement.
Educate Staff: Medical professionals should receive training on immigrant rights and how to respond to ICE presence in or near health care settings.
Advocate for Legislative Protections: Health care leaders should push for laws ensuring that hospitals remain safe spaces free from immigration enforcement actions.
Partner with Advocacy Groups: Collaborations with organizations like PHR can help provide resources and legal support for vulnerable patients.

Uncertainty and Fear Ripple Through Immigrant Communities

The sudden policy shift has intensified fears among undocumented immigrants and even legal residents.

At Georgia’s Fugees Academy Charter School, which primarily serves refugee and immigrant families, educators noted that even students who are legally in the country are fearful.

“They’re not even at risk of deportation, and they’re still scared,” said Luma Mufleh, the school’s Chief Operating Officer.

Many families are considering keeping their children home from school, even though missing class could have serious consequences. Schools provide more than just education—they offer essential services such as free meals, mental health support, and social development opportunities. Staying home could deprive children of these vital resources.

Immigration Policy Changes Create Confusion

The Trump administration’s approach to immigration enforcement has left many in a state of confusion. Policies are shifting rapidly, and families are struggling to understand their rights.

Michael Lukens, Executive Director of the Amica Center for Immigrant Rights, believes the administration’s goal is to make life so difficult for undocumented immigrants that they voluntarily leave the U.S.

“This is part of a broader strategy to instill fear and uncertainty,” Lukens said. “Even if arrests at schools don’t happen on a large scale, the threat alone is enough to disrupt lives.”

Public Opinion on Immigration Arrests in Schools

While some Americans support targeted deportations, the idea of arresting people in schools remains widely unpopular. According to a survey by The Associated Press-NORC Center for Public Affairs Research:

Only 2 in 10 U.S. adults support arresting undocumented children at school.
A majority of Americans believe schools should remain a safe environment for learning.
Many fear that aggressive immigration enforcement at schools could harm children’s education and well-being.

A Last Safe Haven? Some Families Choose to Stay

For some immigrant parents, schools remain one of the few places where they feel safe.

Iris Gonzalez, an undocumented mother in Boston, has sent her children to school for nearly a decade without fear of immigration enforcement.

“Education is important,” she said in Spanish. “I don’t expect anyone at the school to ask for proof that we belong here.”

Still, her fears linger. She avoids courthouses and worries about getting pulled over while driving, even though she has a license.

“I don’t sleep,” she admitted. “There’s a lot of uncertainty about how to look for work, whether to keep driving, and what’s going to change.”

The Bigger Picture: What’s Next for Immigrant Families?

For Carmen and her family, returning to Mexico is not an option. Her son-in-law was kidnapped by drug cartels, and their home region remains dangerous.

Under former President Joe Biden, they were allowed to seek asylum and legally remain in the U.S. while their case was processed. But now, with President Trump shutting down the CBP One app that facilitated asylum applications and pledging to end asylum altogether, their future remains in limbo.

“My biggest fear is that we don’t have anywhere to go back to,” Carmen said. “It’s about saving our lives. And protecting our children.”

The Road Ahead

As the immigration landscape continues to evolve under the Trump administration, schools, parents, and communities will need to navigate increasing uncertainty.

Education leaders will face tough decisions on how to support immigrant families while complying with federal policies. Families will continue to grapple with difficult choices—prioritizing their children’s education while fearing the very institutions meant to protect them.

One thing is certain: the debate over immigration enforcement at schools is far from over, and its impact on families will be felt for years to come.

Legal Protections That Still Apply

While the formal protections for sensitive locations have been removed, certain legal rights remain in place:

Constitutional Protections

Fourth Amendment: Protects against unreasonable searches and seizures. ICE generally cannot enter private areas without a judicial warrant.
Fifth Amendment: Guarantees the right to remain silent; individuals are not required to answer questions about immigration status.

State and Local Protections

Some states and cities limit cooperation with federal immigration enforcement.
Sanctuary policies may still prevent local law enforcement from assisting ICE in certain circumstances.
Legal aid organizations offer resources and support for immigrants facing enforcement actions.

100-Mile Border Zone Exception

Within 100 miles of a U.S. land or sea border, Customs and Border Protection (CBP) has broader authority to conduct searches and enforce immigration laws.
CBP can board buses, trains, and boats without a warrant.
Individuals still have the right to remain silent, but Fourth Amendment protections are weaker in these areas.

What About Warrants?

When is a Warrant Required?

ICE must obtain a judicial warrant to enter private areas (e.g., offices, private rooms in churches or schools).
Public areas (e.g., lobbies, waiting rooms, parking lots) can be accessed without a warrant.
Staff at these locations should be aware that they are not required to grant ICE agents access without a warrant.

What Can Trigger an ICE Arrest?

An individual voluntarily revealing their immigration status.
Possession of documents indicating noncitizenship.
Running away from ICE agents, which can be interpreted as “probable cause.”

How Can Staff at Formerly Protected Areas Prepare?

Know Your Rights

Staff members are not required to assist ICE.
Do not provide information about individuals without a warrant.
Post signage clarifying areas that are private and require warrants for entry.
Educate communities about their rights, including the right to remain silent.
Develop response plans for potential ICE actions, including legal support contacts.
Know Your Rights: You have the right to remain silent and ask for legal representation if approached by ICE.
Prepare a Safety Plan: Families should discuss emergency plans in case a loved one is detained.
Seek Legal Help: Nonprofit organizations and legal aid groups can provide assistance.

Community and Advocacy Steps

Strengthen sanctuary efforts: Support local policies that limit cooperation with ICE.
Encourage legal preparedness: Assist immigrants in obtaining legal aid and understanding their rights.
Support immigrant-led organizations: Fund and collaborate with groups advocating for immigrant protections.
Increase visibility: Raise awareness about the impact of these changes on public safety and community wellbeing.

What’s Next?

With this policy shift, immigration enforcement under the Trump administration is expected to become significantly more aggressive. Advocacy groups and legal organizations are likely to challenge these changes in court, arguing that they violate due process and endanger public trust in essential institutions.

The elimination of ICE’s “sensitive locations” policy is more than just a political move—it is a decision that affects the health and well-being of countless individuals. Health care providers, policymakers, and advocates must work together to prevent this policy shift from causing further harm. No one should have to choose between receiving necessary medical care and staying safe from deportation.