The Department of Homeland Security (DHS) announced significant changes to immigration enforcement policies on Jan. 21, 2025, marking a sharp departure from previous administrations’ approaches.

Key Policy Changes

Acting DHS Secretary Benjamine Huffman issued two directives that will have far-reaching impacts on immigration enforcement across the United States:

1. Rescinding “Sensitive Locations” Protections: The first directive eliminates guidelines that previously restricted Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) operations in or near so-called “sensitive” areas. These areas included schools, churches, hospitals, and other locations where vulnerable populations often gather.
2. Reforming Humanitarian Parole: The second directive aims to end what the administration calls “broad abuse” of humanitarian parole. It orders a return to case-by-case consideration for parole applications, potentially affecting hundreds of thousands of migrants who entered the U.S. under previous parole programs.

Administration’s Rationale

A DHS spokesperson emphasized that these actions are intended to empower law enforcement to “catch criminal aliens” who have entered the country illegally. The statement asserts that “criminals will no longer be able to hide in America’s schools and churches to avoid arrest”.

Sources indicate that arrests are likely to begin in major urban areas, including the D.C. region, Denver, Los Angeles, Chicago, and New York. ICE currently faces a funding shortfall, though, which may affect its ability to maintain existing deportation levels and implement new policies.

Community Trust and Access to Essential Services

Churches and schools have historically been designated as “sensitive locations” for immigration enforcement due to several important reasons:

The primary purpose of designating these locations as sensitive was to ensure that immigrant communities could access essential services without fear of deportation. This policy aimed to:

1. Allow children to attend school regardless of their immigration status
2. Enable people to seek medical care when needed
3. Permit individuals to practice their faith freely
4. Encourage participation in community activities and daily life

The concept of sensitive locations in U.S. immigration enforcement has evolved over time, with its roots tracing back to the early 1990s. Here’s a more detailed look at the historical development of this policy:

1993 INS Memo

The origins of the sensitive locations policy can be traced back to May 17, 1993, when James A. Puleo, the Acting Associate Commissioner of the Immigration and Naturalization Service (INS), issued a memorandum titled “Enforcement Activities at Schools, Places of Worship, or at funerals or other religious ceremonies”. This memo established the first formal guidelines limiting immigration enforcement actions at specific locations. The key points of this memo were:

• It recognized the need to balance enforcement duties with respect for community institutions.
• It specifically addressed schools and places of worship as locations requiring special consideration.
• The memo advised INS officers to avoid enforcement activities at these locations unless there were exigent circumstances.

2011 ICE Policy Formalization

On Oct. 24, 2011, Immigration and Customs Enforcement (ICE) took a significant step by formalizing and expanding the sensitive locations policy. This policy, known as the “Enforcement Actions at or Focused on Sensitive Locations” memorandum (ICE Policy No. 10029.2), included several important elements:

• It broadened the definition of sensitive locations to include schools, hospitals, churches, synagogues, mosques, and sites of public demonstrations.
• The policy required ICE officers to obtain prior approval from supervisory officials before conducting enforcement actions at these locations.
• It outlined specific exceptions for exigent circumstances, such as national security threats or imminent risk of violence.

2013 CBP Adoption

In 2013, Customs and Border Protection (CBP) followed suit by adopting a similar policy. This expansion ensured that the sensitive locations guidelines were applied consistently across the two main immigration enforcement agencies within the Department of Homeland Security.

The adoption of this policy by CBP was significant because:

• It created a more uniform approach to immigration enforcement across different agencies.
• It extended protections to sensitive locations in border areas where CBP operates.

These policies have continued to evolve, with subsequent administrations issuing further guidance and clarifications. However, the core principle of limiting enforcement actions at certain sensitive locations has remained a consistent feature of U.S. immigration policy since its inception in 1993.

Broader Context

These policy changes align with President Trump’s campaign promises to take a harder stance on immigration enforcement. They come as part of a broader set of executive actions signed in the early days of his second term, aimed at reshaping U.S. immigration policy.

As these new directives take effect, state and local officials across the country are bracing for increased immigration enforcement activities in their communities. The full impact of these policy shifts remains to be seen, but they signal a significant change in the federal government’s approach to immigration enforcement.

Illinois TRUST Act and Recent Developments

The Illinois TRUST Act, enacted in under Gov. Bruce Rauner in 2017, established important protections for immigrant communities in Illinois by limiting local law enforcement’s participation in federal immigration enforcement. 

Key Provisions of the Illinois TRUST Act

1. Prohibits law enforcement from detaining individuals solely based on immigration status or ICE detainers.
2. Restricts sharing of information with federal immigration authorities.
3. Limits access to local facilities and resources for immigration enforcement purposes.
4. Requires annual reporting to the Illinois Attorney General on interactions with federal immigration authorities.

Chicago Mayor Brandon Johnson has committed to upholding the Illinois Trust Act and opposing federal immigration enforcement initiatives. In support of this, the Chicago Police Department has reiterated its compliance with the city’s “Welcoming City Ordinance,” which is in harmony with the principles of the TRUST Act.

On Wednesday, January 15, representatives from the Champaign Police, Legal, and Equity & Engagement Departments collaborated with the New American Welcome Center to elucidate the provisions of the Illinois TRUST Act. This 2018 legislation dictates the interaction between Illinois law enforcement and federal immigration authorities, specifically prohibiting officers from participating in civil immigration enforcement. The event was organized by the Public Safety Group of the Champaign County Welcoming Plan.

During the briefing on the operational procedures of Champaign Police and relevant laws, Police Chief Timothy T. Tyler, City Attorney Tom Yu, alongside police chiefs from Urbana and the University of Illinois, as well as the Champaign County Sheriff, participated in a panel discussion. This session allowed for an open exchange with over 50 local service providers present. Additionally, various local agencies, including Champaign Fire, hosted resource tables to disseminate information and enhance community safety.