Complete Guide to Places Where ICE Cannot Arrest You in 2026

In 2026 there is no absolute federal prohibition in churches, hospitals or schools, following the cancellation of the sensitive sites guide by the DHS. However, a federal court ruling prohibits civil arrests within immigration courts nationwide, and a Fourth Circuit order protects 8 specific places of worship.

Additionally, the Fourth Amendment prevents agents from entering homes or private spaces without a court order signed by a judge. This situation creates doubts in the immigrant community amid an increase in operations in public and transit areas. Therefore, understanding the differences between public spaces, private spaces, and federal court decisions is essential.

What Changed With DHS’s Sensitive Sites Policy?

In January 2025, the DHS eliminated the federal directive that classified schools, hospitals and religious temples as «protected sites.» Since then, there is no general administrative rule that prevents ICE from conducting arrests in those facilities solely because of their social or community nature.

However, the absence of that guide does not grant absolute authority to federal officers. Immigration law specialist attorney Héctor Quiroga, of Quiroga Law Office, explained in an interview with Univision that agents’ actions continue to be subject to federal law and the U.S. Constitution.

Interventions in public spaces are permitted under certain legal conditions. Nevertheless, authorities must respect orders issued by federal courts that restrict specific actions in different jurisdictions across the country.

Can an Agent Enter a Home or Private Property?

The U.S. Constitution imposes clear restrictions through the Fourth Amendment, which protects against unreasonable searches and seizures in homes. For this reason, immigration officers cannot enter a house without the voluntary consent of an adult or a corresponding court order.

There is a determinative legal distinction between an administrative order and a court order. An administrative removal order, issued by DHS or ICE, authorizes the arrest of a person but does not authorize agents to forcibly enter a private residence, according to the rights guides of the American Civil Liberties Union.

To enter a residence without resident authorization, officers need