Religious groups sue over Trump decision to open places of worship to possible ICE raids

Miami Herald

12-02-2025

Their faith traditions may be different but leaders from a variety of denominations — Baptist, Conservative Jewish, Episcopalian, Evangelical, Mennonite, Quaker and more — are uniting over a lawsuit that challenges the Trump administration's recent policy that gives immigration enforcement officers more leeway in 'sensitive areas,' including places of worship.
The lawsuit, filed Tuesday by the Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown Law on behalf of 27 religious groups, argues that the Trump administration's recent decision to rescind a federal policy that discouraged immigration enforcement actions in churches, schools and other 'sensitive locations,' infringes on their religious freedoms.
The Christian and Jewish denominations argue that last month's directive — which came with a strongly worded warning from the Department of Homeland Security that 'Criminals will no longer be able to hide in America's schools and churches to avoid arrest,' — infringes on the religious freedoms of their congregants.
'There really is no purpose to rescinding the sensitive locations policy other than to open up places of worship in a way that substantially burdens their religious practice,' said Kelsi Corkran, ICAP Supreme Court Director and lead counsel for plaintiffs in a press conference Tuesday afternoon.
'Congregations are experiencing decreases in worship attendance and social service participation due to fears of ICE,' Corkran said.
Many of the denominations represented in the lawsuit have churches and synagogues in South Florida, where the area's large Hispanic population is already feeling the effects of immigrant enforcement actions. Faith leaders in South Florida, many of whom are on the front lines of advocating for immigrant communities, have expressed concern over their congregants' legal rights should Immigration and Customs Enforcement (ICE) come knocking at their door during service.
'That was a big shock in our community. A lot of [Latino evangelicals] were caught off guard,' said Agustin Quiles, founder and president of Mission Talk, about the Trump administration's decision to rescind the sensitive locations policy.
The Florida-based nonprofit helps educate and engage Latino congregations over social justice issues. Quiles said many faith leaders in his network work directly with immigrants every day.
'Some of the food pantries have gone down. Some of these places where there's undocumented immigrants, we serve those communities,' Quiles told the Miami Herald. 'For us it's about dignity and providing human services to those who are in need. It's a Biblical mandate for us. ... and we feel like, in some way, that the federal government is not cooperating with the church.'
The plaintiffs argue the rescinded policy opens the door to immigration law enforcement action — or ICE raids — inside of places of worship, which will in turn disrupt services, placing congregants in fear of attending church.
'We cannot worship freely if some of us live in fear,' said Bishop Sean Rowe, presiding bishop of the Episcopal Church. 'By joining this lawsuit, which makes a quite compelling and conservative argument about the exercise of religion, we're seeking the ability to gather and fully practice our faith.'
The directive, which the Department of Homeland Security declared was critical to carrying out the President's crackdown on illegal immigration in the name of public safety, does not grant unrestricted access to schools, churches and other sensitive locations.
But, legal experts told the Miami Herald that the move has potentially opened the door for federal agents to question or search for people in churches, if they have secured proper legal warrants. That means one issued by a court or judge, not just the administrative warrants that ICE agents frequently use.
READ MORE: Can ICE agents raid churches? Yes, but it's unlikely, say South Florida faith leaders, lawyers
Welcoming immigrants is 'central tenant' of faith
At the press conference, faith leaders explained that welcoming immigrants and undocumented people into their churches and synagogues is a core tenant of their religious beliefs. Many referenced scripture, including passages from Leviticus in the Bible that commands Christians to love foreigners as you would yourself.
Rabbi Rick Jacobs, president of the Union for Reform Judaism, pointed out similar guidance in the Hebrew Bible.
'The opening of the Hebrew Bible tells us that every single human being is created in God's image, and there are simply no exceptions,' Jacobs said. 'Welcoming the stranger or the immigrant ... is a central tenet of our faith.'
Jacobs pointed out that the history of the persecution of Jewish people is one of the reasons the group feels so strongly about protecting religious freedoms.
'The history of the Jewish people is one in which, because of religious persecution, we were forced, time and again, to flee the lands in which we resided. That's why we cherish the American commitment to religious freedom,' Jacobs said.
The lawsuit argues that a general fear around ICE raids and searches taking place inside of church will deter members from showing up. Faith leaders at the press conference said that this is already happening.
'Many people who are particularly vulnerable feel like it's just not smart to go out and to enter places that may, in fact, be the target,' Jacobs said. 'Worship attendance is certainly already markedly down. This is fundamentally going to undermine the core purposes of our religious communities.'
Rev. Iris de León-Hartshorn of the Mennonite Church USA said many immigrant parents rely on religious daycare centers for childcare while they work.
'If they quit coming, the parents have to quit working, because they're going to stay home with their kids,' León-Hartshorn said. 'They're afraid to even send them to daycare. So it has a profound effect on a family.'
Though there have not been widespread ICE raids inside churches since the order, the lawsuit references an incident where a man from Honduras was arrested by ICE agents at a Pentecostal church outside of Atlanta. The man, who has a wife and three children, had the government's permission to work and an appointment on a court docket to present his asylum case to a judge. But, the agents told his wife that they were looking for people with ankle bracelets.
The lawsuit says that many houses of worship host social service programs as a part of their religious missions, which include programs like food and clothing pantries, English as a Second Language ('ESL') classes, legal assistance, and job training services — all can also be potential places for immigration enforcement actions.
Rev. Carlos Malave, President of the Latino Christian National Network, said he knows of at least one school in his community in Virginia — though not religious — that canceled ESL classes due to an 80 percent drop in attendance.
'They said to the teacher, 'we cannot come anymore. This is not safe to come to school,'' Malave said. 'And I think the same principle applies to the churches.'
Tuesday's lawsuit is the second from a religious group to challenge the Trump administration's lifting of the sensitive locations policy. In January, several Quaker groups in Maryland sued to prevent U.S. immigration agents from carrying arrests and searches in houses of worship.
The Trump administration has not yet responded to the lawsuit.
Corkran, the lead counsel on the case, said the injunction would apply only to the 27 denominations listed in the lawsuit, but that the decision could provide 'important precedent' that other denominations and religious organizations could rely on to make their own case.
'What we're looking for here is not an expansion of the law in any way. It's just a recognition from the court of what RiFRA and the First Amendment already provide the plaintiffs here.'
This story was produced with financial support from Trish and Dan Bell and from donors comprising the South Florida Jewish and Muslim Communities, in partnership with Journalism Funding Partners. The Miami Herald maintains full editorial control of this work.