Navigating Immigration Enforcement at Formerly Protected Locations

For over three decades, immigration enforcement agencies operated under policies that restricted enforcement activities at certain sensitive locations, such as schools, places of worship, and hospitals. This protective framework, built through successive presidential administrations, ended abruptly on January 20, 2025, when the Trump Administration rescinded all protected area policies. Affected institutions and communities should understand what protection existed to navigate this dramatically altered enforcement landscape.

Clinton Administration: Original Sensitive Locations Policy

The initial “sensitive location” policy was established under the Clinton Administration in 1993. This policy restricted internal immigration enforcement at schools, places of worship, funerals, and other religious ceremonies. Any enforcement operations at these locations required advance written approval from District Directors or Chief Patrol Agents, with limited exceptions.

Obama Administration: Sensitive Location Protection Expansion

The Obama Administration significantly expanded these protections through Immigration and Customs Enforcement (ICE) Director John Morton’s 24.Oct.2011, memorandum. This directive broadened the scope beyond the 1993 policy to include hospitals and public demonstrations. The Morton memo established a general rule requiring prior approval from high-level ICE officials before conducting any planned enforcement action at sensitive locations.

Biden Administration: Peak Sensitive Location Protection

The Biden Administration’s 27.Oct.2021 memorandum from U.S. Department of Homeland Security (DHS) Secretary Alejandro Mayorkas represented the most comprehensive protections for these locations to date. This directive established “protected areas” that included the previously covered locations and broadened the list to include social service establishments, disaster relief sites, ceremonial venues, and areas where children gather. It further directed that enforcement could not occur in these areas without approval from Agency headquarters.

The Mayorkas memo also recognized that enforcement actions taken “near” protected areas would require advance authorization. This geographic expansion required officials to consider factors like proximity, visibility, and the behavioral patterns of people in the area when determining appropriate enforcement zones. As a result, for over three decades, numerous institutions did not need to prepare for immigration enforcement to possibly enter their premises.

Trump Administration: Protected No More

On 20.Jan.2025, this three-decade evolution of protection policies ended when a short memorandum by the Trump Administration dismantled all protections. The rescission eliminated all federal restrictions on ICE enforcement actions at previously protected locations. The January memo explicitly rejected “bright line rules” in favor of individual officer discretion, stating: “It is not necessary … for the head of the agency to create bright line rules regarding where our immigration laws are permitted to be enforced.” Instead of institutional safeguards, agents are now instructed to use individual discretion and “common sense.”

From Protected to P.R.E.P.A: How Institutions Can Prepare

Previously protected institutions – including schools, hospitals, places of worship, social service providers, and childcare facilities – must now learn new laws and procedures to prepare for potential federal enforcement on their premises. The P.R.E.P.A. approach can help guide affected institutions:

• Policies & Training – Review and update your institutional policies and train your staff to understand that immigration enforcement may now happen onsite or nearby, without prior federal restrictions.
• Reach Out – Keep your community informed, provide “know your rights” resources, and reduce fears through clear communication and support.
• Engage Locally – Coordinate with local law enforcement and legal counsel to clarify roles, protocols, and protections; keep communication channels open with community advocates.
• Prepare – Anticipate increased enforcement activity, familiarize your institution with I-9 and E-Verify laws, and establish monitoring and reporting mechanisms for ICE or U.S. Citizenship and Immigration Services (USCIS) site visits.
• Advocate – Support legislative efforts (like the Protecting Sensitive Locations Act) and stay current with litigation and official agency updates.

Conclusion

The evolution from the limited 1993 sensitive locations policy to the comprehensive 2021 protected areas policy created a sense of security for many institutions regarding immigration enforcement. The 2025 rescission marks not merely a policy change but a fundamental shift from institutional protection to individual enforcement discretion, leaving many institutions to adapt to an environment where no location is presumptively safe from immigration enforcement. Affected companies and institutions seeking specific advice are encouraged to schedule a consultation with a Murthy Law Firm attorney.

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