A January 21, 2025 Statement from a DHS Spokesperson on Directives Expanding Law Enforcement and Ending the Abuse of Humanitarian Parole stated that on January 20, 2025 Acting Department of Homeland Security Secretary Benjamine Huffman rescinded the Biden administration's 2021 Guidelines for Enforcement Actions in or Near Protected Areas memorandum. The rescission of the 2021 policy memo means that there are no longer any specific protected areas like schools, hospitals or churches under DHS enforcement policy.
The now-rescinded 2021 memorandum had established a principle that to the fullest extent possible DHS officers and agents "should not take an enforcement action in or near a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.'" Under the memo, absent exigent circumstances, DHS officers and agents had to seek prior approval from their agency's headquarters or an authorized delegate before taking an enforcement action (e.g., actions like arrests, apprehensions, searches, inspections, seizures, the service of charging documents or subpoenas, interviews and immigration enforcement surveillance) in or near a protected area.
Some examples of "protected areas" under the now rescinded memo were:
- Schools (including K-12 schools, vocational or trade schools, and colleges and universities)
- Medical or mental healthcare facilities
- Places of worship or religious studies
- Places where children gather
- Social services establishments
- Places where disaster or emergency response/relief is provided
- Places where funerals, graveside ceremonies, rosaries, weddings, or other religious or civil ceremonies or observances occur
- Places where there is ongoing parades, demonstrations, or rallies
The 2021 memo also provided exceptions for when an enforcement action needed to be taken in or near a protected area, like situations involving a national security threat, imminent risk of death, violence, or physical harm to a person, "hot pursuit" circumstances, imminent risk that evidence material to a criminal case will be destroyed, or when a safe alternative location did not exist.
By way of background, the 2021 Biden-era memorandum had revised and consolidated into a single DHS policy two prior Obama-era memoranda from ICE and CBP that also treated the "sensitive location" concept:
- An ICE memorandum entitled, “Enforcement Actions at or Focused on Sensitive Locations” (number 10029.2, dated October 24, 2011)
- A CBP memorandum entitled, “U.S. Customs and Border Protection Enforcement Actions at or Near Certain Community Locations” (dated January 18, 2013)
"Common sense" as the new enforcement standard?
The rescision of the 2021 policy memo means that there are no longer any specific protected areas or locations under DHS policy. The January 2025 news release gives a general idea of what the new policy is, at least in the interim, saying:
"The following statement is attributable to a DHS Spokesperson:
'This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens-including murders and rapists-who have illegally come into our country. Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.'"
NAFSA encourages institutions to refresh campus plans and protocols on engagement with external law enforcement personnel in light of this policy change. Typically, university/legal counsel and campus police offices are involved in setting and implementing such protocols.