Trump Administration to allow ICE to raid previously protected spaces, make arrests

The immigration community has felt a renewed sense of unease following President Donald Trump's inauguration on Monday, Jan. 20.

The Department of Homeland Security is giving the go-ahead for Immigration and Customs Enforcement (ICE) to make arrests in some previously protected places.

"We don't really know how ICE is going to conduct these raids because in the history of the United States, this has never been done," immigration lawyer Renata Castro said.

Under the Biden Administration, ICE was not allowed to arrest people while they were in or near so-called "sensitive locations" that included daycare centers, places of worship and health care facilities.

"DHS is officially rescinding the restrictions that kept ICE agents from conducting arrests in “sensitive locations” such as schools, churches and daycare centers as NBC News reported they would," the department said in a statement to NBC10.

A local organization that advocates for immigrants said this change doesn't change their line of work and they say they will continue to do what they have been doing for over a decade to protect these communities.

In another statement, the Department of Homeland Security said, "This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens - including murders and rapists who have illegally come into our country."

Renata Castro is an immigration lawyer with USA4All and explained what this means for the immigration community who is vulnerable to these raids.

"As long as ICE has a warrant, a properly executed warrant issued by a judge, to enter these facilities, legally, ICE does have the authority to arrest an individual, or individuals, inside these places of worship," Castro said.

The city of the Philadelphia is considered a sanctuary city, which means that law enforcement do not collaborate with ICE agents.

"It's a shameful moment to see schools, hospitals, faith communities are open to ICE enforcement. It's a low point," Co-director of New Sanctuary Movement Peter Pedemonti said.

Local pro-immigration organizations, like New Sanctuary Movement, said they are disappointed by the orders, but not surprised.

"Faith communities have been active in taking actions long before 2011 and will continue to do so. We don't need permission from the Trump Administration," Pedemonti said.

Last week, Philadelphia District Attorney Larry Krasner told NBC10 that the law and the constitution do apply to all immigrants in the city.

"If they are doing raids consistent with the law, they are not going to have a problem with me. But, if ICE agents come here, and decide that because they have Donald Trump as president...If they think they will stack on top of their uniform and their legal obligations crimes, they are going to have a problem with me," District Attorney Krasner explained.

The School District of Philadelphia's superintendent Dr. Tony Watlington released a statement to reaffirm what he called the board of education's "Welcoming Sanctuary Schools Resolution."

“In light of recent events, I am sharing this message today to reaffirm the School District of Philadelphia’s commitment to creating safe, welcoming spaces for our students and families, in alignment with the U.S. Constitution, Pennsylvania State law, and in the spirit of the Board of Education’s Welcoming Sanctuary Schools Resolution,” Watlington said. “This commitment includes all students, no matter their race, ethnicity,  immigration status, national origin, gender identity and expression, sexual orientation, familial status, religion, or person’s abilities. The District will comply with required laws, and school leaders have been provided guidance about how to protect our immigrant students’ rights.”  

The district also shared this checklist:

• Please make sure that all emergency contact information is updated for your student. To update your contact information, contact your child’s school. 
• District employees, volunteers, and contractors are prohibited from asking about or sharing any personal information about your students or your families, including immigration status, unless required by law and authorized by the District’s Office of General Counsel.
• The District has provided guidance to school leaders on how to handle any potential requests from immigration officials.

NBC10 has reached out to Philly Mayor Cherelle Parker's office for comment, as well as the local Department of Homeland Security Office. We have not yet heard back.