Several Christian groups are suing the Trump administration over a policy that allows ICE arrests at churches. The lawsuit argues that the policy violates religious freedom and the separation of church and state. The groups claim the policy has created fear and distrust within their communities. The policy allows ICE agents to arrest suspects at churches and other sensitive locations. They are seeking a court order to block the policy.
8 days ago
A coalition of Protestant denominations, including synods of the Evangelical Lutheran Church in America, Quaker churches, Baptist churches, and community churches, filed a lawsuit on July 28, 2025, challenging a Trump administration policy that facilitates Immigration and Customs Enforcement (ICE) arrests at churches and other sensitive locations 2 3. The lawsuit, with the nonprofit Democracy Forward serving as co-counsel, argues that the policy change violates the First Amendment's right to the free exercise of religion, the Religious Freedom Restoration Act, and the Administrative Procedure Act 2 3.
In January 2025, the U.S. Department of Homeland Security (DHS) rescinded previous administration guidelines that had largely prevented ICE agents from conducting immigration arrests at "sensitive locations" like churches, schools, hospitals, shelters, and playgrounds, unless there was supervisory approval or an urgent threat 2 3. Under the current rules, these locations no longer receive the special protections they once had 2 3. While a DHS memo instructed agents to use discretion and "common sense," the lawsuit contends this is insufficient, as it does not require an internal process or exigent circumstances for agents to enter 2 3.
The plaintiffs argue that the policy change causes people to "reasonably fear attending houses of worship," leading to a plummet in attendance and financial giving for some churches 2 3. They assert that this impinges on the free exercise of religion and forces faith communities to choose between their spiritual commitments and congregant safety 2 3. The lawsuit claims that the "open joy and spiritual restoration of communal worship has been replaced by isolation, concealment, and fear" 2 3. Catholic dioceses, such as San Bernardino and Los Angeles, have also voiced similar concerns, with some granting Sunday Mass dispensations for those fearing deportation 2 3. The lawsuit cites instances of immigration arrests occurring on or near church properties in California and Oregon since the policy shift 2 3.
DHS Assistant Secretary Tricia McLaughlin has countered the lawsuit's narrative, stating that enforcement actions in houses of worship would be "extremely rare" and would still require secondary supervisor approval 2 3. McLaughlin emphasized that the policy change allows law enforcement to perform their duties and prevents "criminal aliens and gang members" from exploiting these locations as safe havens 2 3. She asserted that the previous administration's policy allowed criminals to avoid apprehension by taking refuge in these areas 2.
This lawsuit is part of a larger trend, as other religious groups have also filed similar legal challenges against the DHS following the policy shift 2 3. The case highlights ongoing tensions between immigration enforcement priorities and religious freedom protections in the United States 2.
Does the Church have a right to sanctuary for those seeking refuge?
The Catholic Church's involvement in providing sanctuary and assistance to those seeking refuge is deeply rooted in its theological convictions and historical practice. While the concept of "right to sanctuary" in a legal or historical sense (where a church building offered legal immunity from arrest) is largely a matter of historical practice rather than current universal legal standing, the Church strongly asserts its moral and spiritual obligation to offer welcome and aid to migrants and refugees .
The Church's commitment to migrants and refugees stems from several core beliefs:
Historically, churches and monasteries often served as places of literal sanctuary, offering protection from civil authorities. While this specific legal right has largely diminished in modern secular law, the Church continues to advocate for and provide various forms of "sanctuary" in a broader sense:
In essence, while the legal concept of "right to sanctuary" as a form of immunity from arrest within church premises is not universally recognized today, the Catholic Church unequivocally asserts its moral and spiritual right and duty to offer welcome, assistance, and advocacy for those seeking refuge, viewing it as a direct fulfillment of Christ's command to welcome the stranger .