Justice for Immigrants Webinar Enforcement at Sensitive Locations. April 26, 2017
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1 Justice for Immigrants Webinar Enforcement at Sensitive Locations April 26, 2017
2 Agenda Welcome & Introductions Existing DHS Policy Guidance Overview of the Existing DHS Sensitive Locations Policy Exceptions to the Policy Resources on Sensitive Locations Case Examples New Proposed Legislation on Sensitive Locations What Can You Do? Q&A / Field Updates
3 Existing DHS Policy Guidance: ICE and CBP Memos & FAQs Immigration and Customs Enforcement (ICE) 2011 Memo - Enforcement Actions at or Focused on Sensitive Locations Customs and Border Protection (CBP) 2013 Memo Enforcement Actions at or Near Certain Community Locations Companion FAQ: nt/sensitive-loc Companion FAQ:
4 Overview of the Sensitive Locations Policy Limits enforcement actions at sensitive locations. According to the ICE memo, sensitive locations include: Schools; Hospitals; Churches, synagogues, mosques, or other institutions of worship, such as buildings rented for the purpose of religious services; Site of a funeral, wedding, or other public religious ceremony; and Public demonstrations, such as a march, rally, or parade. School but stops are sensitive locations if they are marked and/or known to the ICE] [officer, during period when school children are present at the stop. Courthouses do not qualify as sensitive locations.
5 Exceptions to the Policy Exceptions exist if: there is immediate need due to exigent circumstances; or officers have obtained prior approval. Does not cover operations within the immediate vicinity of the border. Photo Credit: U.S. Immigration and Customs Enforcement
6 Resources on Sensitive Locations USCCB/MRS FAQ (available in English and Spanish). CLINIC s Guide (available in English and Spanish).
7 Is the Policy Still in Effect? The policy currently remains in effect. But: DHS can withdraw or modify the policy at any time. Recent case examples of DHS pushing the bounds of what has been known to be the policy have created confusion.
8 Case Examples Feb Alexandria, VA: Two men apprehended after leaving hypothermia shelter at Rising Hope Mission Church. March Northeast Los Angeles: Undocumented father apprehended by ICE while driving his daughter to school. Half mile from school. Decade old DUI conviction. March Visalia, CA: Father apprehended by ICE while picking his son up from elementary school. DUI conviction. Photo Credit: WTOP
9 Efforts to Codify the Policy S. 845 / H.R Protecting Sensitive Locations Act Senator Richard Blumenthal (D-CT) Senate Judiciary 11 cosponsors Representative Adriano Espaillat (D-NY-13) House Judiciary 29 cosponsors Applies to DHS officers and individuals designated to perform immigration enforcement functions. Exigent circumstances and approval prior to engaging in enforcement actions within 1000 feet of a sensitive location. Does not bar enforcement of criminal laws or ability to protect if threat to public safety.
10 Efforts to Codify the Policy Additional locations include: Buildings rented for purpose of religious retreats, counseling, education, etc. (S. 845); Day care facilities and early learning programs (S. 845); Organizations that assist victims of crime, children, etc.; and Courthouses and offices of the individual s attorney. Officers must make every effort to limit actions to the targeted person for whom prior approval was obtained. Violations: Cannot use information gathered during action as evidence in removal proceedings; and May file motion for termination of removal proceeding.
11 What Can You Do? Advocate for DHS to keep and uphold the Sensitive Locations Policy. Support S. 845 / H.R Protecting Sensitive Locations Act. Share incident with USCCB/MRS at: 3 Report violations of this policy: ICE Enforcement and Removal Operations (888) / ERO.INFO@ice.dhs.gov ICE s Office of Diversity and Civil Rights - Civil Liberties Division (202) / ICE.Civil.Liberties@ice.dhs.gov. CBP s Information Center /
12 Questions & Reports from the Field JFI Website:
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