New ICE Memorandum for Protected Areas

On October 27, 2021, the Secretary of the Department of Homeland Security – Alejandro N. Mayorkas, announced new guidelines for enforcement actions in or near protected areas. As per Secretary Mayorkas, protected areas may include but are not limited to:

• A school;
• A medical or mental healthcare facility;
• A place of worship or religious study;
• A place where children gather;
• A social services establishment;
• A place where disaster or emergency response and relief is being provided;
• A place where a funeral, graveside ceremony, rosary, wedding or other religious or civil ceremonies or observances occur; and
• A place where there is an ongoing parade, demonstration, or rally.

There are exceptions and limitations on the scope of the new memorandum. For example, to enforce action involving national security or where there is a risk of imminent death or harm to a person.