On October 27, 2021, the Department of Homeland Security issued new guidance designed to limit the enforcement actions by Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) in or near protected areas such as schools, medical facilities, places of worship, and social service establishments.
In rolling out the new policy, Secretary of Homeland Security Alejandro Mayorkas explained:
In our pursuit of justice, including in the execution of our enforcement responsibilities, we impact people’s lives and advance our country’s well-being in the most fundamental ways. It is because of the profound impact of our work that we must consider so many different factors before we decide to act. . . . When we conduct an enforcement action – whether it is an arrest, search, service of a subpoena, or other action – we need to consider many factors, including the location in which we are conducting the action and its impact on other people and broader societal interest.
The guidance provides a non-exhaustive list of examples of protected areas. These include, but are not limited to:
These new guidelines are effective immediately.
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