Rocio Perez

Defining Sensitive Locations for Enhanced Public Safety By Rocio Perez Earlier this month, Sen. Richard Blumenthal (D-CT) introduced the Protecting Sensitive Locations Act, a bill which would expand and improve upon existing agency guidelines to limit Immigration and Customs Enforcement (ICE) and Customs and Border Patrol (CBP) agents in conducting enforcement actions at sensitive locations. The proposed amendment addresses the uncertainty and lack of accountability that enables ICE and CBP agents to instill fear and violate policy without legal repercussions. Sensitive locations include schools, school bus stops, places of worship, public demonstrations, religious or civil ceremonies or observances, medical treatment, and healthcare facilities. Currently, agency guidelines prohibit ICE and CBP agents from conducting arrests, interviews, searches or surveillance at ‘sensitive locations’ without first obtaining written approval. However, agents are permitted to conduct non-enforcement activities such as obtain identification records, serve subpoenas and guard detainees. The vagueness of permissible enforcement actions near sensitive locations allows agents to narrowly interpret the policy, resulting in an inconsistent application of enforcement actions and violations without accountability measures. Furthermore, the ambiguity in defining ‘sensitive locations’ within border communities creates confusion about the policy’s extent. Finally, there are no remedy processes for immigrants detained during enforcement actions in violation of policy. This discretion, lack of clarification and transparency has created a chilling effect that has coerced immigrant families into unduly altering their daily activities. Some examples include avoiding contact with police officers, not appearing in court or at doctor’s appointments, and experiencing fear when dropping off their children at school. In particular, children’s development and mental health can be negatively impacted by enforcement actions near early childhood programs because immigrant parents may fear immigration-related consequences. These programs provide a safe space for children to learn and grow while connecting parents with vital resources that are essential to their well-being. Therefore, early childhood stakeholders should implement safe space policies that protect the privacy of immigrant parents, and create an internal protocol for addressing enforcement actions, such as tracking and reporting enforcement actions to local immigration or legal services agencies. Enhanced transparency is necessary to ensure that the current policy is enforced judiciously and consistently. The Protecting Sensitive Locations Act would prohibit enforcement actions within 1,000 feet of a sensitive location, expand the list of locations deemed sensitive, outline remedies for individuals detained or arrested in enforcement actions that violate policy, and would institute regular reporting requirements for ICE and CBP to ensure compliance with the statute. 1 Any policy that threatens immigrant parents and their access to critical resources undermines their safety, physical and mental health, and financial stability. Together, we can fight back against the attacks on immigrant communities in all social, political, and economic domains of society. For more information, please visit our website at https://www.clasp.org/. 2