How can employers prepare? When are warrants still required?
The Department of Homeland Security (DHS) will no longer follow guidelines that once limited immigration enforcement in so-called “protected” or “sensitive” locations.
The change stems from President Trump’s Executive Order 14148, which rescinded dozens of the previous administration’s policies. As a result, schools, hospitals, places of worship and social service establishments may now be subject to increased enforcement actions by Immigration and Customs Enforcement (ICE).
What Changed?
Previously, ICE generally avoided enforcement actions in protected areas such as:
- Schools — including pre-schools, primary and secondary schools, vocational and trade schools, and colleges and universities
- Medical and mental health care facilities — including hospitals, doctor’s offices, health clinics, vaccination and testing sites, urgent care centers
- Places of worship and religious study
- Childcare centers — including before- and after-school programs
- Social service establishments — including crisis centers, domestic violence shelters and facilities that serve disabled persons
DHS’s directive expands ICE’s authority to take enforcement actions in any of these formerly protected spaces. With these restrictions lifted, ICE now has broader discretion to conduct enforcement actions in these locations, raising concerns for employers, employees and community members. Employers and those using their services may now be subject to increased ICE enforcement actions.
When Are Warrants Needed?
Law enforcement, including ICE, can enter public areas without a warrant or consent. However, for “private” areas—typically interior spaces or those marked as private—ICE still needs a valid subpoena, a warrant signed by a federal judge, or an employee’s consent. Public areas include lobbies, waiting areas, parking lots and similar spaces.
If presented with a warrant, review it carefully to ensure it covers the specific areas ICE intends to search.
How Can Employers Prepare?
If your workplace was previously considered a “protected location,” now is the time to put a plan in place. Consider the following steps:
- Create clear protocols
Establish a written policy on how to respond to enforcement actions.
- Designate authorized personnel
Assign individuals to handle ICE warrants and subpoenas.
- Understand public vs. private spaces
Public areas, such as lobbies and parking lots, are open to law enforcement, while private spaces generally require consent or a judicial warrant.
- Document any enforcement action
Maintain records of interactions with ICE.
- Train staff
Employees, especially those in public-facing roles, should know how to respond if ICE arrives.
- Have legal contacts ready
Keep your attorney’s information accessible.
Legal Considerations
Beyond immigration laws, other regulations may apply:
- Health Care facilities must comply with Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy laws.
- Schools must be mindful of protections on student records pursuant to the Family Educational Rights and Privacy Act (FERPA) .
- Attorney-client privilege may limit certain disclosures.
For a detailed guide on how to handle an ICE visit at your location, see What to Do if ICE Knocks on Your Door.
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