Recently, federal memoranda and internal ICE guidance have shifted enforcement posture and guidance about where and how civil immigration arrests and related actions may occur. As a result, communities and legal providers are seeing more assertive operational guidance for field officers, and therefore clients should be prepared for a broader set of enforcement encounters. In particular, DHS rescinded the Biden-era “protected areas” guidance and directed case-by-case determinations about enforcement near sensitive locations; this change removes the previous bright-line protections for places like schools and hospitals.
Moreover, ICE has issued and updated internal policy documents and interim guidance that clarify how field offices should approach civil enforcement inside courthouses and other public sites; consequently, enforcement actions that were previously rare in certain settings may now be more likely under some local office decisions.
In addition, leaked internal memoranda reported in advocacy and law-watch outlets suggest new operational tactics — including expanded use of administrative authorities for home arrests in limited circumstances — that raise serious Fourth Amendment and due-process questions and thus may be subject to legal challenge. Therefore, providers should watch for litigation and community alerts on these points.
Finally, independent reporting and investigations show that ICE has also escalated monitoring and alternatives-to-detention practices in some programs and that detention practices have been subject to scrutiny for conditions and extended holding at local sites. Accordingly, clients should assume enforcement may be faster or more assertive in certain regions and take protective steps outlined below.
— what clients need to know
By Brian D. Lerner — Plain-language summary of recent ICE/DHS enforcement memoranda, what they mean for encounters, and practical steps clients and advocates should take.
Quick summary: what changed — and what to do
| Policy / practice change | What it means | Practical steps for clients/advocates |
|---|---|---|
| Rescission of “protected areas” bright lines | Enforcement near schools, hospitals, places of worship may be evaluated case-by-case. | Advise clients about risks at those sites; coordinate with clinics and community leaders to limit exposures; document any incidents. |
| New courthouse / public-space interim guidance | Local ICE offices may perform civil arrests at or near courthouses under certain conditions. | Warn clients about courthouse appearances; request safety planning and, if needed, ask courts for protections or coordination with court staff/clerks. |
| Internal tactics (home arrests / admin warrants) | Reports suggest broader reliance on administrative processes for some home enforcement actions. | If home contact occurs, remain calm, ask for a judicial warrant (if entry is sought), note badge names, and call counsel immediately. |
| Expanded monitoring & detention practices | More ankle monitoring, longer holding at temporary facilities reported. | Prepare contingency plans for client detention: rapid pro bono referral, family contact lists, and bail/alternatives intake forms. |
Intake & triage checklist
- Collect full identifiers: legal name, aliases, DOB, A-number (if known), country of birth, and reliable family contact.
- Record any officer interaction details: agency (ICE/ERO), officer name/badge (if possible), location, time, and whether a warrant was shown.
- If detained, obtain the facility name; document any visible injuries or conditions; request all intake numbers and claim notes.
- Prepare authorization forms so counsel can obtain records quickly (privacy release / FOIA as needed).
- Have an emergency plan: pro bono hotline, local bail funds, and family notification templates ready to use.
- Train staff to avoid giving legal advice beyond “remain calm, ask for counsel, do not consent to searches,” and to escalate to attorneys when detention occurs.
Frequently asked questions
Are schools, hospitals, or churches still guaranteed safe from ICE?
No. DHS rescinded prior bright-line protected-areas guidance; instead, enforcement is assessed case-by-case — so exercise extra caution and coordinate with institutional officials when possible.
What should someone do if ICE comes to their home?
If officers are at your door, remain calm. Ask whether they have a judicial warrant; if they do not present a warrant, do not consent to entry. Note badge numbers and call your attorney immediately. If you are arrested, request to speak to counsel and do not sign documents without legal advice. (If forced entry is attempted, do not physically resist — record details and report them to counsel.)
Can ICE arrest someone at a courthouse?
Interim guidance and field memos outline circumstances where arrests at or near courthouses are permissible; therefore, attorneys and litigants should plan for safety and, where appropriate, raise concerns with court administrators.
What if my client is placed on ankle monitor / alternatives to detention?
Monitor the device policy closely, document check-in requirements, and prepare mitigation and housing information for alternatives-to-detention programs; also coordinate with legal services about appeals or compliance issues.