On January 20, 2025, the United States Government rescinded its 30-year-old policy of restricted enforcement of immigration enforcement actions in or near places of worship—the “sensitive locations” policy. This decision prompted grave concern throughout our country’s religious communities because their members include both citizens and immigrants, many of whom are undocumented.
Our tradition requires us to welcome the immigrant. From a Christian viewpoint, having ICE agents enter worship spaces to arrest or detain immigrants harms the body of Christ. On February 11, 2025, The Episcopal Church joined with 12 Christian and Jewish denominations, 4 regional denominational groups and 11 denominational interfaith associations in suing the Department of Homeland Security, The Immigration and Custom Enforcement Service, The U.S. Customs & Border Protection, Kristi Noem, Pete Flores and Caleb Vitello in federal court.
The lawsuit seeks a declaration that the government’s rescission of the longstanding “sensitive location” policy violates the First Amendment as well as the RFRA (Religious Freedom Restoration Act). The lawsuit contends that existing federal law and the United States Constitution prohibit government immigration enforcement actions at and near churches and other religious locations in the absence of exigent circumstances and judicial warrants.
The lawsuit goes on to contend, consistent with federal law, that the government cannot burden anyone’s exercise of their religion unless the government can show the government’s conduct is the least restrictive way to accomplish its goals. Another way to say this is that the government must show that a compelling state interest cannot be achieved through less restrictive means. The lawsuit contends the government has not met and cannot meet its burden. It seeks rescission of the January 20th executive order, and preliminary and permanent injunctions against enforcement of the order.
If you’d like to read the whole lawsuit itself, you can find it here.
Further information on the lawsuit will be provided as the litigation develops.
