In Trump’s first week in office, his administration took several actions to significantly expand immigration enforcement in communities, putting immigrants and the broader New York community at risk. First, the administration revoked a long-standing policy to avoid immigration-enforcement in “sensitive locations” such as schools, places of worship and hospitals. A sensitive locations policy has been in place since 2011, and was updated in 2021 recognizing that certain essential community institutions should be protected. Along similar lines, the administration also issued a directive allowing enforcement at courthouses. Finally, the administration revoked the enforcement priorities (entitled “Revision of Civil Immigration Enforcement Policies and Priorities”) which had focused enforcement on those deemed a “threat to national security, border security, or public safety.” The revocation of protections in “sensitive locations”, coupled with the rescission of enforcement priorities means that now anyone without lawful immigration status, regardless of how long they have lived here or their community or family ties, could be a target for enforcement in core community spaces.
This fact sheet describes the protections still available at previously protected sensitive locations to immigrants vulnerable to enforcement actions, what protections New Yorkers still have, and how these locations can prepare.
For NYIC’s full analysis of Trump’s first week actions, see Fact Sheet: What Trump’s First Day Immigration Actions Mean for New Yorkers)
What were the federally protected “sensitive locations”?
Sensitive locations included:
- pre-schools, K-12 schools, institutions of higher education
- medical or mental healthcare facilities including hospitals, doctor’s offices, testing sites and community health clinics
- places of worship
- places where children gather such playgrounds, bus stops, after-school centers
- social services establishments such as domestic violence shelters and food pantries, homeless shelters, food banks
- disaster/emergency response sites including evacuation routes and shelters
- weddings, funerals, and religious ceremonies
- parades, demonstrations, and rallies.
Previously, immigrants were protected from enforcement actions “near” these sensitive locations. The prior policy ensured that individuals—regardless of their immigration status—could access education, healthcare, and religious services without fear. Trump' s directive revoking that protection attacks the physical safety of immigrants, instills fear of even essential spaces in everyday life, and undermines public safety for everyone. This endangers not only New York's immigrant populations but also jeopardizes the well-being of entire communities that ripple well beyond the individuals vulnerable to enforcement.
What state laws protect New Yorkers?
New Yorkers are still protected by the state law, Protect Our Court Act, from ICE arrest at state, city and municipal courts without a judicial warrant.
New Yorkers are also protected by a 2018 New York State Executive Order that prohibits immigration enforcement in a “state facility” such as a public school or hospital unless ICE has a judicial warrant or order.
However, with the Trump administration’s policy change on sensitive locations, New Yorkers are now at risk in many other sensitive locations, such as private schools and hospitals and places of worship that are not “state facilities.”
The Fourth and Fifth Amendments still protect people at “sensitive locations”
Even without the protections of the prior policy, everyone in the United States is protected by the Fourth and Fifth Amendments, regardless of their immigration status. The Fourth Amendment protects against unreasonable searches and seizures and the Fifth Amendment ensures the right to remain silent when confronted by law enforcement.
ICE must have a warrant to enter or arrest people in a “private” location. You have the right to remain silent.
The Fourth Amendment protects areas where people have a "reasonable expectation of privacy” and ICE needs a judicial warrant (not just an administrative warrant) to enter those areas that are considered private. It is important to understand the differences between private and public areas within a location. Areas open to the public such as lobbies, waiting areas and parking lots are considered public, whereas offices and areas visibly marked “private” are considered private.
In order for ICE to search or enter a private area, ICE is required to have a valid judicial warrant signed by a federal judge. ICE may also enter if staff consent to a search in a private area.
If ICE enters a public area or a private area through a warrant or consent, they need to have a valid administrative warrant for a specific person or have probable cause to believe that a person is “removable” under immigration law (for example if the person does not have current lawful immigration status). The right to remain silent under the Fifth Amendment is critical because ICE can establish probable cause with information disclosed to them, such as about immigration status, when they question individuals during a search.
How can “sensitive locations” prepare?
All locations and organizations can help their staff, the immigrants at risk in their communities and the broader community sharing these spaces by taking these actions:
- Create a written response policy & preparedness plans and training staff on these policies.
- Understand rights and applicable laws:
- Everyone’s rights under the Fourth and Fifth Amendments, and what is a public versus private area protected by the Fourth Amendment.
- New York state law and guidance: New Yorkers are protected by New York State Executive Order from arrests without a judicial warrant in state facilities such as schools. In January 2025, the State Attorney General, the Governor, and the New York State Education Department provided guidance for school districts on immigration arrests at schools.
- Applicable confidentiality and privacy laws that can be invoked to provide additional protections for the people served by the location.
- Harboring laws to protect the organization from potential liability.
- Clearly mark private spaces and limit activities in public spaces where possible.
- Review data collection practices regarding personally identifiable information. Consider how it is protected and avoid collecting information about immigration status.
- Designate an authorized person such as legal counsel to review warrants & subpoenas.
- Document all interactions with immigration enforcement.
- Connect with immigration response networks and legal services providers in your area.
What actions can our elected officials take?
The Administration can reverse the decision to revoke the prior sensitive locations memo. Congress must codify the prior policy protecting sensitive locations from ICE enforcement by passing the Protecting Sensitive Locations Act, co-sponsored by Congressman Espaillat.
While New Yorkers are protected by state law from enforcement at courthouses, they are now at risk at prior sensitive locations. New York must pass the The New York for All Act which broadly prohibits state and local officers from enforcing federal immigration laws, funneling people into ICE custody, and sharing sensitive information with ICE. It prohibits ICE from entering non-public areas of state and local property without a judicial warrant.
Mayor Adams must reinforce New York City’s “Protocols for Non-Local Law Enforcement Actions and Inquiries” in schools that outlines step-by-step what schools should do if an ICE officer approaches a school “for any reason” and centralizes a way of addressing legal questions.