Judge considers injunction against immigration enforcement actions at houses of worship

[Episcopal News Service] Lawyers for The Episcopal Church and 26 other faith-based plaintiffs argued April 4 in federal court that Trump administration immigration policies pose an “imminent threat” to their religious practices by creating an atmosphere of fear among the immigrant communities they serve.

The interfaith group of denominations and religious organizations in early February sued the Department of Homeland Security, objecting to policy changes under President Donald Trump that ended past protections against immigration enforcement actions at houses of worship and other “sensitive locations,” such as schools and hospitals.

The April 4 hearing in The Episcopal Church’s lawsuit was held at the U.S. District Court in Washington D.C., as seen in this file photo from 2023. Photo: Associated Press

The nonpartisan Georgetown University Law Center is arguing the case in the U.S. District Court in Washington, D.C. At the April 4 hearing, lawyers asked the federal judge for an injunction against the government to block enforcement actions at houses of worship. Episcopal News Service and other observers were granted remote access to audio of the hearing by phone.

“These are sacred spaces. Having armed agents come into their spaces and desecrate their worship area is a profound injury,” Kelsi Corkran, one of the plaintiffs’ lawyers, said.

She noted that some plaintiffs have responded by asserting privacy rights in congregational spaces that previously had been open to the public, to bolster protections against “unreasonable searches and seizures” as provided by the Fourth Amendment. Congregations would prefer not to turn their public spaces private, “compromising their religious duty of openness and hospitality,” Corkran said.

The lawsuit, filed Feb. 11 by the Christian and Jewish organizations, accuses the Trump administration of violating First Amendment protections of both freedom of religion and freedom of association, because of the burden created by the “looming threat of immigration enforcement action at their places of worship and during their religious ceremonies.” The lawsuit notes that many congregations serving immigrant communities have already seen decreases in worship attendance and participation in social service ministries.

At issue are changes to Department of Homeland Security policies since Trump took office on Jan. 20. The next day, the department ended Biden administration policies that had identified certain sensitive areas as protected from immigration enforcement actions.

“This is a narrow and specific challenge to the reversal of a long-standing policy, a decision to authorize site inspections and disruptive raids at sacred spaces,” said Kate Talmor, another lawyer for the plaintiffs. Department of Homeland Security has long recognized that protecting sensitive locations from enforcement actions “is necessary to protect religious exercise,” she said.

Kristina Wolfe, the attorney for Homeland Security, countered that the plaintiffs had not met the “high bar” in proving that their congregations have been unduly targeted or that their religious activity had been disrupted. The lawsuit cites only one example of immigration agents attempting an arrest at a church – at a Pentecostal service in Atlanta, Georgia.

“They have not demonstrated that their places of worship are special law enforcement priorities, that they have been singled or targeted for enforcement,” Wolfe said, adding that “the government does have a compelling interest in ensuring and enforcing our nation’s immigration laws.”

At the conclusion of the hearing, which lasted more than two hours, Judge Dabney Friedrich thanked both sides and said she expected to issue an opinion “in the next week or two.”

The plaintiffs’ 80-page complaint includes short summaries of ways they say the government’s policies have burdened the faith organizations’ practice of their religions. The Episcopal Church’s summary includes the following examples, which do not give specific locations or congregation names:

• Local officials parked outside one Episcopal church during past enforcement efforts and attempted to arrest undocumented congregants leaving the church.
• At another congregation, federal agents already have appeared outside its food pantry, photographing those in line.
• In one Episcopal diocese, some congregants were reluctant to join an informational Zoom call with an immigration attorney.
• Some congregations have stationed members at their doors to watch for immigration officials.

The Episcopal Church is one of 12 denominations that have signed onto the lawsuit, which also includes the Disciples of Christ, Mennonite, Methodist, Presbyterian and AME Zion churches. Other plaintiffs include regional denominational bodies and other religious associations.

– David Paulsen is a senior reporter and editor for Episcopal News Service based in Wisconsin. He can be reached at dpaulsen@episcopalchurch.org.