In a decision announced on January 20, 2025, the Trump Administration rescinded Department of Homeland Security (DHS) guidelines that have historically limited immigration enforcement actions in sensitive areas, such as elementary schools, hospitals, funeral gatherings, and domestic violence shelters. The new directive gives ICE agents full authority to conduct enforcement action in these locations at their discretion.
What Were the Sensitive Area Guidelines?
The sensitive area guidelines were established to ensure that immigration enforcement actions avoided places where vulnerable individuals and families might gather. These locations included:
- Schools
- Places of worship
- Hospitals and medical facilities
- Public demonstrations, such as marches or rallies
The goal of these guidelines was to balance the enforcement of immigration laws with the need to protect access to essential services and support without fear.
What Does Rescinding These Guidelines Mean?
The removal of these protections means that immigration enforcement actions could now occur in locations previously deemed off-limits. While DHS has stated that enforcement will still be guided by discretion and “common sense,” the lack of specific guidelines for sensitive areas has created a huge amount of unease in our communities, leaving many feeling uncertain about where they can safely go without fear of enforcement actions.
Know Your Rights
While the rescission of the protected areas policy means that certain areas are no longer protected from ICE enforcement actions, everyone in the U.S., regardless of their immigration status, have certain constitutional rights. Specifically, under the Fourth Amendment, all individuals are protected from unreasonable searches and seizures, and under the Fifth Amendment, all individuals have the right to remain silent when confronted by law enforcement. All people in the U.S. have a right to exercise these rights!
The National Immigration Law Center has a great factsheet on this policy change and specific recommendations for those working in previously protected locations, including school administrators and staff, hospitals and health care centers, social service organizations.
As immigration attorneys based in Colorado, we are here to help you navigate these changes. If you have questions or need legal assistance, please don’t hesitate to contact our office. We are here to help!
