Donald Trump's incoming administration plans to scrap a long-standing policy keeping Immigration and Customs Enforcement agents from arresting immigrants at churches, hospitals and family events without approval from supervisors.
Three sources familiar with the plan told NBC News that the president-elect seeks to rescind the restrictions on his first day in office to speed up his mass deportation policy, allowing agents to take migrants into custody at houses of worship and during evens like funerals, weddings and public demonstrations.
“Immigration enforcement has always required a balance," said Lee Gelernt, an attorney with the American Civil Liberties Union. "In the past, presidents of both parties have recognized that merely because it may be lawful to make arrests at hospitals and schools doesn’t mean it’s humane or wise public policy."
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The policy against making arrests in sensitive locations without approval has been in place since 2011, when it was issued by then-ICE director John Morton, and continued through Trump's first administration and across Joe Biden's presidency, and was intended to allow undocumented immigrants to operate freely in some public spaces for the benefit of the community at large.
“We don’t want people with contagious diseases too scared to go to the hospital or children going uneducated because of poorly considered deportation policies," said Gelernt, citing one example.
ICE policy had allowed agents to make arrests in sensitive locations for national security or terrorism reasons, to arrest dangerous felons or in exigent circumstances when they felt immediate action was necessary, and there were 63 planned and five exigent arrests by ICE during the first Trump administration.
“I think maybe at the time there was good reason for it,” said a former DHS official, who said agents felt the policy had been “abused” by wanted individuals. “I don’t think it’s necessary anymore.”
The idea to allow ICE agents to arrest migrants anywhere, without current limitations, began circulating in Trump's orbit as part of the controversial Project 2025 blueprint, and some church leaders are concerned about its impact.
“A lot of churches, faith communities are very concerned that there could be backlash,” said a deacon at an Arizona church that had provided sanctuary to migrants in the past.
