Denver’s public school system on Feb. 12 sued the U.S. government over its new policy that lets immigration agents enter schools and other so-called sensitive places.
The policy violates federal law by being arbitrary and capricious since the U.S. Department of Homeland Security (DHS) “has not demonstrated that there are good reasons for the new policy,” the school system said in a motion for a temporary restraining order.
The lawsuit and motion were filed in federal court.
A DHS spokesperson told The Epoch Times in an email: “We are protecting our schools, places of worship, and Americans who attend by preventing criminal aliens and gang members from exploiting these locations and taking safe haven there because these criminals knew law enforcement couldn’t go inside under the previous Administration.”
The spokesperson added: “DHS’s directive gives our law enforcement the ability to do their jobs. For context: Our agents use discretion. Officers would need secondary supervisor approval before any action can be taken in locations such as a church or a school. We expect these to be extremely rare.”
DHS announced the policy shortly after President Donald Trump’s Jan. 20 swearing-in. Benjamine Huffman, the acting DHS secretary at the time, issued a memorandum that rescinded guidelines barring officers with Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) from arresting illegal immigrants at “sensitive places” such as schools, churches, and food banks.
“Our brave men and women in uniform put their lives on the line every day to advance the rule of law and keep our people safe. As a part of that work, officers frequently apply enforcement discretion to balance a variety of interests, including the degree to which any law enforcement action occurs in a sensitive location,” Huffman wrote in the memo.
“Going forward, law enforcement officers should continue to use that discretion along with a healthy dose of common sense. It is not necessary, however, for the head of the agency to create bright line rules regarding where our immigration laws are permitted to be enforced. The Director of ICE and the Commissioner of CBP may wish to issue further guidance to assist officers in exercising appropriate enforcement discretion.”
