Espaillat Hails Inclusion of His Bill in New DHS Guidance Protecting Sensitive Locations from ICE Raids

Press Release

Today, Representative Adriano Espaillat (NY-13) announced the inclusion of key provisions of his bill H.R.529 - the Protecting Sensitive Locations Act, in recently issued guidance from the Department of Homeland Security (DHS).

Yesterday, Secretary of Homeland Security Alejandro N. Mayorkas issued a new, comprehensive policy to guide Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) enforcement actions in or near protected areas, replacing previous sensitive locations guidance. The first-ever policy for both ICE and CBP provides an expanded and non-exhaustive list of protected areas, including new designations such as places where children gather, disaster or emergency relief sites, and social services establishments - guided by provisions included in Rep. Espaillat's Protecting Sensitive Locations Act.

Since 2017, Rep. Espaillat has demanded that the U.S. Customs and Border Protection (CBP) recognize these sensitive locations and exclude them - and, as a direct response to the political climate and policies of the previous administration, Espaillat's Protecting Sensitive Locations Act aimed to protect sensitive locations during immigration enforcement efforts.

"No one should be subject to arrest while mourning loved ones at funerals or while dropping their child off for school," said Rep. Espaillat. "My bill was meant to hold law enforcement accountable and ensure that they adhere to the letter of the law, all while keeping our immigrants and their families safe and secure - and I'm proud to see the sum of its parts included in this newly issued guidance and commend Secretary Mayorkas for his leadership on this critically important matter."

"I thank Rep. Espaillat for his tireless work to champion legislation on protected areas. DHS 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," said Secretary Mayorkas.

The new policy, which is effective immediately, supersedes and rescinds all previous sensitive locations guidance and establishes that enforcement actions should not be taken in or near a location that would restrain people's access to essential services or engagement in essential activities.

Some examples of protected areas include, but are not limited to:

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 healthcare facilities, including COVID-19 vaccination locations
Places of worship or religious study, 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, 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

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