'Draconian and brutal': Trump to rescind ban on ICE arrests in schools, hospitals, churches

11 December 2024

Despite public opinion polls that find the majority of Americans support a path to citizenship for undocumented immigrants, the incoming Trump administration is forging ahead with President-elect Donald Trump’s vow to begin his mass deportations of millions of people “on day one.” That will now include the green lighting of arrests of undocumented immigrants who happen to be sick in the hospital, worshipping or marrying in a church, synagogue, or mosque, or studying — or even teaching — in a school classroom, according to an NBC News exclusive report.

Since 2011, under the Obama administration, ICE, the Immigration and Customs Enforcement agency, has been banned from, as NBC reported, “arresting undocumented people at or near so-called sensitive locations, including houses of worship, schools and hospitals or events such as funerals, weddings and public demonstrations without approval from supervisors.”

That ban has been described as a “fundamental” principle by the U.S. Secretary of Homeland Security, Alejandro Mayorkas. “Adherence to this principle is one bedrock of our stature as public servants,” he noted.

As Trump positions himself to achieve his promised goal of enacting the “largest deportation operation in American history,” that ban will be rescinded to remove as many barriers as possible that stand in his way.

The Biden administration had expanded the ICE policy to include “colleges or mental health institutions, and even places where religious studies were happening,” according to NBC News’ Julia Ainsley in her on-air report Wednesday. She noted that the ban will also be lifted on arrests at events, including rallies.

“So that means if you have a protest against mass deportations where you would expect undocumented immigrants to show up, that could be a place that ICE could target for arrest,” Ainsley explained.

Immigration experts oppose allowing arrests at sensitive places, believing that access to them, including by undocumented immigrants, benefits society as a whole.

“Immigration enforcement has always required a balance. In the past, Presidents of both parties have recognized that merely because it may be lawful to make arrests at hospitals and schools doesn’t mean it’s humane or wise public policy,” Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), told NBC News. “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.”

“There are churches that have historically served as sanctuaries, knowing that ICE can’t come in and arrest them there, and they do that in communities to offer a safe space for migrants,” Ainsley reported, noting that now, faith leaders and others are “worried not only because of policies like these, but because what they see as a change, a shift to the right, in the American public where people are more in favor of deportations than they were previously, and they’re worried about threats to them or to backlash if they continue to give migrant sanctuary within their spaces.”

But as Vox reported in October, Americans are more supportive of deportations only when there are no other legal avenues open to the undocumented, like a path to citizenship.

A Pew Research poll in August, Vox reported, found “that about 6 in 10 registered voters say that undocumented immigrants should be allowed to ‘stay in the country legally, if certain requirements are met.’ And a similar share, 58 percent, favored ‘allowing undocumented immigrants to legally work and stay in the country if they are married to a US citizen.'”

Trump, in an NBC News “Meet the Press” interview on Sunday said he supports deporting legal U.S. citizens who are children of undocumented immigrants, in what he called an effort to not break families apart.

In September of 2021, DHS Secretary Alejandro Mayorkas issued a memo explaining the ban on arrests in sensitive areas.

“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. This can make our work very difficult. It is also one of the reasons why our work is noble,” Secretary Mayorkas wrote. “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 interests. For example, if we take an action at an emergency shelter, it is possible that noncitizens, including children, will be hesitant to visit the shelter and receive needed food and water, urgent medical attention, or other humanitarian care.”

“To the fullest extent possible, we should not take an enforcement action in or near a location that would restrain people’s access to essential services or engagement in essential activities. Such a location is referred to as a ‘protected area.’ This principle is fundamental. We can accomplish our enforcement mission without denying or limiting individuals’ access to needed medical care, children access to their schools, the displaced access to food and shelter, people of faith access to their places of worship, and more. Adherence to this principle is one bedrock of our stature as public servants.”

Mayorkas offered some examples of sensitive areas where arrests should not be made. Presumably, under the Trump administration, arrests will be allowed in some or all of these locations.

They include:

“A school, such as a pre-school, primary or secondary school, vocational or trade school, or college or university.”

“A medical or mental healthcare facility, such as a hospital, doctor’s office, health clinic, vaccination or testing site, urgent care center, site that serves pregnant individuals, or community health center.”

“A place of worship or religious study, whether in a structure dedicated to activities of faith (such as a church or religious school) or a temporary facility or location where such activities are taking place.”

“A place where children gather, such as a playground, recreation center, childcare center, before- or after-school care center, foster care facility, group home for children, or school bus stop.”

“A social services establishment, such as a crisis center, domestic violence shelter, victims services center, child advocacy center, supervised visitation center, family justice center, community-based organization, facility that serves disabled persons, homeless shelter, drug or alcohol counseling and treatment facility, or food bank or pantry or other establishment distributing food or other essentials of life to people in need.”

“A place where disaster or emergency response and relief is being provided, such as along evacuation routes, where shelter or emergency supplies, food, or water are being distributed, or registration for disaster-related assistance or family reunification is underway.”

“A place where a funeral, graveside ceremony, rosary, wedding, or other religious or civil ceremonies or observances occur.”

Attorney Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, says: “Not even most ICE agents want to barge into churches or schools and carry out arrests. But the Trump admin wants people to be afraid; so they want nowhere to seem safe, no matter how draconian and brutal the operation may seem and how much backlash it may generate.”

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