Is ICE allowed to carry out immigration enforcement in El Paso schools?
Immigration and Customs Enforcements agents may now conduct enforcement actions in public schools following a Trump Administration rule change.
In January 2025, the acting secretary of Homeland Security revoked a Biden-era policy that granted certain areas such as schools and churches protection against ICE enforcement actions. The secretary directed agents to use their discretion while citing the need to avoid “bright line rules.”
The Fourth Amendment limits ICE from unreasonable search and seizure, meaning agents cannot conduct arrests freely, according to the National Immigration Law Center,
“ICE or CBP may not enter any nonpublic areas—or areas with high privacy—without a valid judicial warrant or consent to enter.” ICE or CBP must have judicial or administrative warrants, the center states.
Judicial warrants are issued by judicial courts and allow agents to search property and arrest people. Administrative warrants, issued by federal agencies such as DHS, only allow for seizures and arrests.
- Immigration Policy Tracking Project Jan. 20, 2025 DHS Memo re Enforcement Actions in or near Protected Areas
- U.S. Immigration and Customs Enforcement Memo: Common sense enforcement actions in or near protected areas, Jan. 31, 2025
- U.S Department of Homeland Security New Guidance for Enforcement Action at Protected Areas (2021)
- National Immigration Law Center Warrant and Subpoenas