The Department of Homeland Security (DHS) released a statement rescinding the former “protected areas” policy, previously known as “sensitive locations.” The Biden Administration’s policy (now rescinded) prohibited immigration enforcement activities at social service organizations, including homeless shelters, disaster response areas, and domestic violence shelters. The Trump Administration's new order, signed January 21, frames the new DHS policy as rescinding actions that “thwart law enforcement.” Senator Richard Blumenthal (D-CT) and Representative Adriano Espaillat (D-NY) reintroduced the “Protecting Sensitive Locations Act” (S.455/H.R.1061) on February 6 to safeguard immigrant communities from being targeted by Immigration and Customs Enforcement (ICE) in sensitive locations. The bill has support from NLIHC and over 650 other organizations. NLIHC will continue to work with immigration advocates to ensure homeless shelters and other emergency spaces are safe for all, regardless of immigration status.
The “protected areas” policy prohibited immigration enforcement activities at places that benefitted the “well-being of people and the communities of which they are a part.” The Biden DHS policy recognized “the impact an enforcement action would have on people’s willingness to be in the protected area and receive or engage in the essential services or activities that occur there.” While not complete, the prior policy listed the following notable housing service areas as “protected areas”:
- 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.
The Trump DHS statement has reversed the “protected areas” policy, allowing immigration enforcement activities in the above listed housing service areas.
The reintroduction of the “Protecting Sensitive Locations Act” represents a firm stance by members of Congress and advocates to protect immigrants from enforcement actions such as arrests, interviews, searches, and surveillance in spaces where they’re seeking out basic services and should feel safe. These overreaching enforcement practices have forced families to make difficult choices—whether to send children to school, seek medical care, or attend religious services—due to fear of potential ICE raids.
“Allowing ICE to invade spaces where people access health care, education, justice, and prayer is cruel and unnecessary, as well as a threat to public safety,” said Senator Blumenthal. “When people are too frightened to seek medical care or report a crime, the entire community suffers. The ‘Protecting Sensitive Locations Act’ establishes fundamental safeguards for our immigrant neighbors who have lived here for decades, worked hard, raised families, and enriched our communities."
In anticipation of such attacks, PIF campaign director, Adriana Cadena stated: “Immigrant families need to know that Trump has not changed eligibility for health care, nutrition or housing assistance or public charge policy. If policy changes, PIF and partner organizations will share accurate information right away. For now, the best thing immigrant families can do is continue to get the help and care they need.” Research confirms that immigration enforcement operations deter United States citizens, lawfully present immigrants, and other people in immigrant families from using health and social services programs for which they qualify under federal law. The proposal would threaten the health and wellbeing of millions in immigrant families, as well as worsen social problems ranging from unmet health care to poverty, hunger, and homelessness.
Read the statement from DHS here.
Read a fact sheet on the Protected Areas policy from the National Immigration Law Center here.
Read more about the “Protecting Sensitive Locations Act”, at Congress.gov S.455/H.R.1061.
Read about the Protected Areas policy and see a list of endorsers from CLASP here.