DHS Issues new Memorandum on Guidelines for Enforcement Actions in or Near Protected Areas

On October 27, 2021 the Department of Homeland Security (DHS) released a memorandum on new guidelines to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). The memorandum discussed guidelines on how to enforcement actions are to be taken near protected areas.

The DHS states its foundational principle is the pursuit of justice, and recognizes the impact its enforcement responsibilities create on people's lives directly and indirectly affected by its actions. DHS recognizes that conducting enforcement actions, such as arrests, searches, serving subpoenas, etc., near protected areas might impact the noncitizens willingness to frequent these areas. For this reason, the memorandum urges officers to avoid using protected areas to conduct enforcement actions.

The DHS defines protected areas as a place where the importance of well-being of people and communities is supported. For example DHS recognized protected areas include: schools, medical and mental health facilities, a place of worship, a place where children gather, a social services establishment, a place where disaster or emergency response and relief is provided, a place of funeral, graveside ceremony, wedding or other religious observations occur, etc.

Through restricting the action that officers can take at these areas, DHS hopes to protect the safety and well-being of people and communities without impeding on their foundational principle. The exceptions to this restriction is when there is a national security threat, imminent risk, a hot pursuit, or a safe alternative location does not exist.

For More Information:

View the original memorandum here.

This blog post does not serve as legal advice and does not establish any client-attorney privilege. Do not take any action based on the information contained in this post without consulting a qualified immigration attorney. If you have any questions, please do not hesitate to contact our legal team directly.

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