Appeals Court Revives Challenge to Immigration Enforcement at Places of Worship
A federal appeals court has revived a legal challenge from religious organizations against the Department of Homeland Security (DHS) regarding immigration enforcement at churches, synagogues, and mosques. This decision follows the DHS's January 2025 move to eliminate a policy that had restricted immigration operations at sensitive locations for over three decades. The lawsuit was filed by 27 Judeo-Christian organizations, which represent millions of worshippers, under the First Amendment and the Religious Freedom Restoration Act. These congregations provide critical services to undocumented immigrants, including worship, food assistance, legal advice, and job training, and are now facing increased enforcement discretion from DHS officials.
The original policy, established in 1993, directed immigration authorities to avoid arrests at schools, places of worship, and during funerals. This guidance was significantly altered in 2021 under then-Secretary Alejandro Mayorkas, who instructed officers to minimize actions at these sensitive locations unless in emergencies. However, the current Acting Secretary, Benjamine Huffman, replaced this directive with a more discretionary approach, allowing field supervisors to make case-by-case decisions regarding enforcement actions. This shift has led to concerns that undocumented immigrants could no longer find safe refuge in places of worship.
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The plaintiffs in the case include a diverse coalition of religious groups, from Quakers and Mennonites to Catholics and Evangelicals. Many congregations have reported a decline in attendance at services and community events due to fears of immigration enforcement. Specific incidents have been documented, including raids at churches associated with the plaintiffs and surveillance of congregational activities. For example, agents reportedly entered a church daycare searching for an undocumented staff member and photographed individuals at a food pantry hosted by a California church.
Court Ruling on Religious Site Protections
In a split decision issued on October 20, 2026, the appeals court overturned a lower court's denial of a temporary order sought by the religious groups. The lower court had deemed the plaintiffs' fears of enforcement too speculative, but the appeals court found that the government had not sufficiently disavowed enforcement actions at these religious sites. The ruling emphasized that reinstating the previous guidance could prevent even a single enforcement operation at a congregation, thus protecting religious expression.
The Common Sense Test
The dissenting opinion, however, argued that the 2021 guidance did not limit the government's enforcement authority and that the plaintiffs had not demonstrated imminent harm. Circuit Judge Neomi Rao suggested that the rescission of the policy was just one part of a broader strategy to enhance immigration enforcement. She contended that the courts should not dictate how the executive branch prioritizes its enforcement actions.
As the case returns to the district court for further consideration, it remains to be seen how the ruling will affect immigration enforcement practices at places of worship across the nation. This decision comes amid increasing scrutiny of ICE tactics, particularly following incidents of violence during enforcement operations. Similar challenges to the DHS's policy are also underway in Maryland and Massachusetts, indicating a growing legal battle over immigration enforcement in sensitive locations. The outcome of these cases could have significant implications for the relationship between immigration policy and religious freedom.
