Secretary of Homeland Security Alejandro N. Mayorkas issued a first-ever comprehensive policy to guide Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) when contemplating enforcement actions near protected areas.
The policy includes a list of protected areas where enforcement action should not be taken that could deny access to essential services or engagement in essential activities.
“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. As a result, when conducting an enforcement action, ICE and CBP agents and officers must first examine and consider the impact of where actions might possibly take place, their effect on people and broader societal interests,” Mayorkas said in a DHS release. “We can accomplish our law enforcement mission without denying 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 a bedrock of our stature as public servants.”
DHS agents will be asked to use their judgment to determine if the enforcement action is being considered in a protected area. The agents, according to the policy, must consider what activities take place at the location and how important the activities are the people being impacted.
According to the DHS release, examples of protected areas include:
Schools, such as known and licensed daycares, pre-schools and other early learning programs; primary schools; secondary schools; post-secondary schools up to and including colleges and universities; as well as scholastic or education-related activities or events.
Medical treatment and health care facilities, including COVID-19 vaccination locations.
Places of worship or religious studies, such as churches, synagogues, mosques and temples.
Places where children gather such as a playground, recreation center, childcare center, before- or after-school care center, foster care facility, a group home for children, or school bus stop.
Social services establishments 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.
Disaster or emergency response and relief centers.
Religious or civil ceremonies or observances, such as funerals and weddings.
Public demonstrations, such as parades, demonstrations or rallies.
Any enforcement action near what is deemed a protected area will be documented, the policy states, and agents will receive updated training to comply with the new policy.
