The incoming Trump administration is preparing to rescind a policy that restricts Immigration and Customs Enforcement (ICE) agents from making arrests at sensitive locations such as schools, hospitals, houses of worship, and public events without prior supervisor approval, according to sources familiar with the plan.
The policy, first implemented in 2011 by then-ICE Director John Morton, has been in place under both Republican and Democratic administrations, including Trump’s first term. Its intent was to protect undocumented individuals in public spaces that benefit the broader community. The Biden administration further expanded these protections in 2021 to include additional areas requiring “special protection.”
However, President-elect Donald Trump reportedly plans to eliminate the policy on his first day in office as part of a broader effort to empower ICE agents and expedite deportations. Trump has stated his goal to carry out the “largest deportation operation in American history.”
Balancing Enforcement and Humanity
The policy has allowed ICE agents to conduct arrests at sensitive locations only in specific circumstances, such as national security threats, imminent risks of harm, or exigent circumstances. Even then, agents were required to obtain supervisory approval for planned arrests and report post-incident when acting under emergency conditions.
Critics of the proposed policy change argue that removing these restrictions could create a chilling effect on vulnerable communities. Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), stated, “We don’t want people with contagious diseases too scared to go to the hospital or children going uneducated because of poorly considered deportation policies.”
Impacts on Faith and Community Spaces
Faith communities have expressed concerns about the potential repercussions. A deacon at an Arizona church that has served as a sanctuary for migrants shared fears of backlash, saying, “A lot of churches, faith communities are very concerned that there could be backlash.”
Churches have historically been a refuge for undocumented migrants. In 2019, at least 46 individuals sought sanctuary in churches across 15 states, according to Church World Service, a faith-based organization.
ICE Perspectives on Policy Changes
Supporters of rescinding the policy argue that it will reduce administrative burdens and address perceived abuses. A former Department of Homeland Security official noted that some ICE agents feel the policy restricted their ability to enforce the law effectively, stating, “I think maybe at the time, there was good reason for it. I don’t think it’s necessary anymore.”
While advocates for stricter enforcement welcome the change, the move could intensify fears among undocumented communities, potentially deterring individuals from accessing essential services like healthcare and education.
Story based on reporting from NBC News.
