On his first day in office, President Donald Trump’s Department of Homeland Security issued a directive instructing officers from Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) to use their “discretion along with a healthy dose of common sense” when deciding whether to carry out immigration enforcement actions at sensitive locations, including schools and churches. A department spokesperson states that “criminals will no longer be able to hide in America’s schools and churches to avoid arrest,” though no evidence was provided to support this claim.
This directive has led to a federal lawsuit filed by more than two dozen Christian and Jewish organizations, representing millions of Americans. The lawsuit challenges the Trump administration’s decision to revoke a policy established under the Obama administration, which had restricted immigration enforcement at sensitive areas such as houses of worship. Under the new policy, immigration agents are granted greater discretion to make arrests in these areas, which were previously considered off-limits, without prior supervisor approval. The plaintiffs argue that this change has instilled fears of raids, resulting in lower attendance at worship services and a decline in church programs. They claim the policy infringes on their ability to minister to migrants – many of whom are undocumented – and violates their religious freedom.
This legal action builds upon a similar complaint filed on January 27, 2025, by five Quaker congregations, the Cooperative Baptists Fellowship, and a Sikh temple, which is currently pending in a U.S. District Court in Maryland. In response, the Department of Justice filed a memorandum on February 7, 2025, opposing the Quaker lawsuit. The memo contends that the plaintiff’s request to block the new enforcement policy is based on speculative, hypothetical harm and does not justify an injunction. The department further asserts that immigration enforcement at houses of worship has been allowed for decades, and that the new policy gives field agents the authority to use “common sense” and “discretion” in carrying out operations, without the need for prior approval from a supervisor. More information will be provided as the case develops.
References: Crary, David. ‘Trump won’t block immigration arrests in houses of worship. Now these 27 religious groups are suing” AP. February 12, 2025.
