End of Protections Threatens Children, Victims of Emergencies and Violence, and Religious Communities
DETROIT, MI: This week the Trump administration rescinded a longstanding policy that disfavored most enforcement actions around sensitive locations. Since 2011, the Department of Homeland Security (DHS) has maintained guidance requiring Immigration and Customs Enforcement (ICE) to refrain from immigration enforcement actions in areas such as schools and places where children gather, health care facilities, places of worship, social service and shelter facilities where people seek aid in emergency situations and to escape violence, as well as religious or civil ceremonies and demonstrations.
The Michigan Immigrant Rights Center (MIRC) condemns this action from the Trump administration designed to stoke fear among immigrant communities. The protective policy prompted agents to understand the activities that take place in sensitive locations, and “the importance of those activities to the well-being of people and the communities of which they are a part, and 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.” The policy acknowledged this “is a determination that requires the exercise of judgment.” This layer of protection meant that communities could focus on prayer, healing, and learning rather than worry about enforcement actions in these few places. Doing away with the policy may endanger public safety and health.
It is also important not to overstate the impact of this change. Law enforcement agencies, including ICE, generally plan operations that are focused on specific individuals, rather than general populations. While that approach may change, MIRC does not interpret the rescission of this policy to signal that previously sensitive locations are now going to be the focus of generalized enforcement operations in our region.
In tandem with rescinding the protected areas policy, ICE also outlined guidance to officers engaging in enforcement operations in and around courthouses. The new guidance states that such operations are against targeted individuals but can include noncitizens with a prior removal order. The agency also continues to discourage civil immigration enforcement actions associated with courthouses dedicated to non-criminal proceedings, such as family court.
Communities should be aware that several legal protections remain in place despite the removal of the protected areas policy. Individuals are still protected by the Fourth Amendment from unreasonable searches. In most cases, private spaces in areas that are no longer considered sensitive locations may still request that enforcement agents show they have proper legal authority (such as a search warrant) allowing them to enter sensitive areas. People in those areas are also protected by the Fifth Amendment and have the right to remain silent. It should be noted, however, that because Michigan is within 100 miles of the border, U.S. Customs and Border Protection (CBP) has special legal authority to search for individuals without lawful status on buses, trains, and boats. Additionally, survivors of domestic and sexual violence have specific statutory protections regarding enforcement around courthouse proceedings associated with escaping violence.
This resource guide highlights recommendations for affected community locations. Immigrants in Michigan who have questions about their rights can consult MIRC’s Know Your Rights resources at bit.ly/MIRCKYR or call (734) 239-6863.
Michigan Immigrant Rights Center (MIRC) is a statewide legal resource center for Michigan’s immigrant communities that works to build a thriving Michigan where immigrant communities experience equity and belonging. MIRC’s work is rooted in three pillars: direct legal services, systemic advocacy, and community engagement and education. michiganimmigrant.org