Denver Public Schools v. Noem - District Court (Sensitive Locations)

[ARCHIVED-September 2025] 

Public Schools  to challenge DHS’s rescission of the so-called “sensitive locations” memo, which had codified long-standing government policy to refrain from conducting immigration enforcement actions in “sensitive locations,” including schools.

On January 20, 2025, the Department of Homeland Security (DHS) issued a memo that superseded and rescinded government policy, most recently reaffirmed in a 2021 DHS memo, not to conduct immigration enforcement in “sensitive locations.” The 2025 memo said that it was not necessary for DHS “to create bright line rules regarding where our immigration laws are permitted to be enforced.” Rather, noting that immigration officers “frequently apply enforcement discretion,” the memo instructed law enforcement officers to “continue to use that discretion along with a healthy dose of common sense.” The memo was publicized on January 21 in a Fox News report and a DHS press statement. It was subsequently leaked on January 23.  

Denver alleges that the rescission of the sensitive locations memo did not go through required procedures. On the same day it filed its complaint, it also moved for a Temporary Restraining Order and Preliminary Injunction, asking the court to enjoin (block) enforcement of the 2025 memo. After hearing oral arguments from the parties, the judge denied Denver’s request from the bench on March 7, 2025. On April 16, 2025, Denver filed an amended complaint to reflect the fact that memo rescinding the sensitive locations policy had not been published when it had originally been announced. On April 29, 2025, the government moved to dismiss Denver’s amended complaint. 

On June 9, both the government and Plaintiff Denver Public Schools stipulated (agreed to) to dismiss the case.