Yesterday, 27 Christian and Jewish denominational bodies and organizations filed suit in a D.C. federal district court challenging the rescission by the Department of Homeland Security of its "Sensitive Locations Policy." The policy severely limited the situations under which immigration enforcement actions could take place at churches, synagogues, mosques and other institutions of worship, as well as at various other locations. The complaint (full text) in Friends General Conference v. U.S. Department of Homeland Security, (D DC, filed 2/11/2025), says in part:
1. [Plaintiffs] bring this suit unified on a fundamental belief: Every human being, regardless of birthplace, is a child of God worthy of dignity, care, and love. Welcoming the stranger, or immigrant, is thus a central precept of their faith practices....
7. ... Consistent with their call to welcome and serve all people, many have undocumented congregants and many offer social service ministries— such as food and clothing pantries, English as a Second Language (“ESL”) classes, legal assistance, and job training services—at their churches and synagogues that serve undocumented people. An immigration enforcement action during worship services, ministry work, or other congregational activities would be devastating to their religious practice. It would shatter the consecrated space of sanctuary, thwart communal worship, and undermine the social service outreach that is central to religious expression and spiritual practice for Plaintiffs’ congregations and members.
8. The rescission of the sensitive locations policy is already substantially burdening the religious exercise of Plaintiffs’ congregations and members. Congregations are experiencing decreases in worship attendance and social services participation due to fear of immigration enforcement action. For the vulnerable congregants who continue to attend worship services, congregations must choose between either exposing them to arrest or undertaking security measures that are in direct tension with their religious duties of welcome and hospitality. Likewise, the choice that congregations currently face between discontinuing social service ministries or putting undocumented participants at risk of arrest is no choice at all: Either way, congregations are forced to violate their religious duty to serve and protect their immigrant neighbors.
The suit alleges that the rescission of the policy violates plaintiffs' free exercise rights under RFRA as well as their 1st Amendment rights to expressive association.
The Institute for Constitutional Advocacy and Protection issued a press release announcing the lawsuit.
