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Sensitive locations doctrine — schools, hospitals, places of worship: the 'protected areas' policy and its current status

The history and current state of ICE's 'sensitive locations' / 'protected areas' policy: the 2011 Morton Memo, the 2021 Mayorkas Memo expansion, the 2025 rescission, and how to find the most current state of policy. Separately: FERPA, HIPAA, and state-level protections that exist by law regardless of enforcement-policy changes.

Sensitive locations / protected areas — current state of policy

For more than a decade, ICE operated under internal guidance that limited enforcement actions at certain “sensitive locations” — schools, hospitals, places of worship, and other settings where enforcement would chill access to essential services. The exact content of that guidance has changed substantially over multiple administrations, which makes the federal-policy status of “protected areas” a moving target. The constitutional and statutory protections, however, have been stable.

This page separates the two so you can understand what is currently true regardless of which administration is in office.

The policy timeline

Year	Document	Effect
2011	Morton Memo (“Enforcement Actions at or Focused on Sensitive Locations”)	First formal “sensitive locations” guidance — schools, hospitals, places of worship, funerals, public demonstrations, etc.
2013	DHS guidance expansion	Added courthouse-related guidance
2018	Internal narrowing	Reduced courthouse limitations
2021	Mayorkas Memo (“Protected Areas”)	Expanded sensitive locations; explicit reference to schools, healthcare, places of worship, places where children gather, social services
2025	Rescission of 2021 Mayorkas Memo	Federal-policy protection at sensitive locations narrowed or eliminated; current internal guidance changes by administration

The critical point: internal ICE guidance is not statute. It can be rescinded, modified, or replaced by the executive branch at any time. Knowing the current state of federal policy requires consulting current sources (ACLU, NILC, ILRC) — and the answer this week may not match the answer six months from now.

What is stable: constitutional and statutory protections

Independent of any ICE policy, the following protections exist as a matter of law:

ICE can enter the public-access areas of a school (sidewalk, public auditorium during a public event), hospital (lobby, emergency department waiting area, cafeteria), or place of worship (sanctuary during open service) without special authority. To enter non-public areas — classrooms, patient rooms, staff-only zones, private offices — ICE generally needs either a judicial warrant or the institution’s consent. Administrative warrants (Form I-200, I-205) do not authorize non-consent entry into non-public spaces.

FERPA — federal protection of student records

The Family Educational Rights and Privacy Act (20 U.S.C. §1232g) prohibits schools that receive federal funding from disclosing personally identifiable information from student education records without parental consent (or student consent if age 18+). Exceptions include: (1) compliance with a judicial order or subpoena; (2) health and safety emergencies; (3) other narrowly defined exceptions. A request from ICE without a judicial subpoena or court order does not fit a FERPA exception.

HIPAA — federal protection of patient information

The Health Insurance Portability and Accountability Act limits a covered entity’s (hospital, doctor’s office, health plan) disclosure of protected health information. Exceptions for law enforcement require specific predicates (court order, grand-jury subpoena, administrative subpoena that meets specific criteria for limited information). General requests by ICE without these predicates are not HIPAA-compliant.

EMTALA — hospital must treat regardless of immigration status

The Emergency Medical Treatment and Active Labor Act (42 U.S.C. §1395dd) requires hospitals that receive Medicare to screen and stabilize any person who arrives at an emergency department, regardless of ability to pay, citizenship, or immigration status. Hospitals cannot lawfully demand immigration documents as a condition of emergency care.

State-level protections

Several states have laws creating additional protections at sensitive locations:

California: AB 699 (schools), various laws on healthcare and courthouses
Illinois: Schools mandated policies; healthcare facility protections
New York: Schools must adopt policies; courts and courthouses have specific procedures
Washington, Oregon, New Jersey: Various combinations of sanctuary-style protections

State laws apply on top of the federal floor — they do not displace federal authority, but they do limit cooperation between state-funded institutions and federal immigration enforcement.

Practical guidance by location

At a school

Ask whether your child’s school has adopted a written ICE-interaction policy. Many districts have. The policy typically requires the principal to verify the warrant, contact district counsel, and notify the parents before any cooperation.
Make sure the school has your current emergency contact information, including a trusted alternate (someone with US status if possible) who can pick up your child.
Designate this alternate in writing with a notarized authorization or local power-of-attorney for childcare.
See family preparedness plan.

At a hospital

Get the care you need — EMTALA protects emergency screening and stabilization.
The hospital cannot demand immigration documents at the door.
If a patient is in custody or under detainer, hospital staff still must follow HIPAA and the hospital’s own ICE policy regarding non-public areas.
For non-emergency care, see community health centers for sliding-scale options.

At a place of worship

Sanctuary movement organizations and faith-based legal services often have written policies for ICE interactions.
The 4th Amendment limits entry into non-public spaces (back offices, residential spaces in church properties).
Sanctuary status confers no legal immunity to the individual sheltering — but it can create logistical and policy constraints on enforcement.

At a courthouse

Courthouses have varied considerably across administrations. Some states have laws limiting civil ICE arrests in or near courthouses (California, New York, others).
If you have a court date, check with the state immigrant-rights organization for current courthouse-specific guidance.
Pre-immigration-court hearing legal-aid clinics often exist at the courthouse itself.

How to find the current federal-policy state

Because internal ICE guidance changes, do not rely on this page or any single source for “what is the policy today.” Check:

ACLU current guidance: aclu.org/know-your-rights/immigrants-rights
NILC enforcement page: nilc.org/issues/immigration-enforcement
ILRC current resources: ilrc.org
Your state immigrant rights coalition (each state has at least one major organization)

The constitutional and statutory protections discussed above do not depend on the current administration. They are the floor.

Last verified: 2026-05-25. General information, not legal advice. Federal “protected areas” policy changes by administration; constitutional and statutory protections (4th Amendment, FERPA, HIPAA, EMTALA) do not. For current policy and any specific case, contact a licensed immigration attorney or state immigrant-rights organization.

Frequently asked questions

Is there currently a federal policy protecting schools, hospitals, and churches from ICE enforcement?

ICE’s internal ‘protected areas’ policy has changed multiple times. The 2011 Morton Memo and the 2021 Mayorkas Memo created broad protections; the 2025 rescission narrowed or eliminated those protections at the federal-policy level. Because the policy is internal ICE guidance — not a statute — it can change with each administration. For current federal-policy status, check the ACLU and NILC for up-to-date guidance, and do NOT rely on a date-stamped guarantee at a sensitive location.

Do schools, hospitals, and churches still have legal protections separate from ICE policy?

Yes. Several laws are independent of ICE policy: (1) FERPA (Family Educational Rights and Privacy Act, 20 U.S.C. §1232g) requires schools to protect student records from disclosure without consent or a court order; (2) HIPAA (Health Insurance Portability and Accountability Act) limits hospitals’ disclosure of patient information; (3) the 4th Amendment still requires a judicial warrant for non-consent entry into non-public areas; (4) state-level ‘sanctuary’ laws in some states create additional state-law protections beyond the federal floor.

If ICE shows up at my child's school, what can the school do?

Without a judicial warrant, the school is not required to allow ICE access to non-public areas or to release a student or student records. Many school districts have adopted written policies (often drafted with local legal counsel and parent groups) that require ICE to present a judicial warrant before any cooperation. Ask your child’s school whether they have such a policy. The school cannot lie to ICE — but they can decline non-warrant requests and require the warrant to be reviewed by counsel.

What about hospitals?

Hospitals can decline to give ICE access to non-public areas (patient rooms, treatment areas) without a judicial warrant. HIPAA limits the patient information they can disclose. Many hospital systems have written policies on ICE interactions. If you need emergency care, your immigration status is not — by federal law — a basis to deny treatment under EMTALA (Emergency Medical Treatment and Active Labor Act, 42 U.S.C. §1395dd). Get the care you need; the hospital cannot demand immigration documents at the door.

What is the realistic answer right now (2026): can ICE come into a school or hospital?

Physically, yes — they can enter public-access areas of those institutions, just like any public space. But to enter NON-public areas (classrooms, patient rooms, behind-the-counter staff areas) or to obtain protected records, they generally need either consent, a judicial warrant, or an applicable exception. Federal-policy ‘protected areas’ guidance has shifted under different administrations, but the constitutional and statutory baselines (4th Amendment, FERPA, HIPAA) have not. For current federal-policy specifics, verify with ACLU/NILC.

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General information, not legal advice. MigrantUSA is an independent publisher and is not a law firm; using this site does not create an attorney-client relationship, and this content is not a substitute for advice from a licensed attorney about your specific situation. US federal, state, and local government procedures, fees, and forms change. Always verify current details directly with the relevant agency before acting. For immigration, tax, or other legal matters specific to your situation, consult a licensed attorney or BIA-accredited representative.