Immigration Enforcement Action: What Churches Need to Know

The Trump Administration rescinded a policy that required Immigration and Customs Enforcement (ICE) agents to seek additional authority prior to conducting immigration enforcement actions in locations like churches, schools, and hospitals on January 20, 2025. Churches are rightfully concerned the rescission of the policy will result in raids or enforcement actions at or near churches. Many United Church of Christ Local Churches have immigrant-welcoming ministries, participate in assisting asylum seekers, have sanctuary programs at their churches, or are in communities with many immigrants. This article provides Local Churches with information on the law, risks of these ministries, and steps Local Churches can take to prepare themselves both for the uncertainty of how immigration enforcement will be carried out and for the possibility that ICE agents will come to churches.

Webinar: Legal Considerations for Churches Engaged in Sanctuary/Migrant Ministries

On January 16, 2025, I recorded a webinar with the Insurance Board entitled Legal Considerations for Churches Engaged in Sanctuary/Migrant Ministries. The webinar anticipated the Trump Administration would rescind the Sensitive Locations Policy. The webinar is posted on the Insurance Board’s Online Learning page, and I encourage churches to view it.

The Trump Administration is focused on deporting undocumented immigrants and ending protections for immigrants who are here legally, and is issuing executive orders to carry out those policies. We do not yet know how these orders will be enforced; it’s important to be prepared in the uncertainty.

Sanctuary Ministries: Legal Risks and Considerations

What is sanctuary?

Sanctuary is not a legal concept in U.S. law. In medieval Europe, sanctuary meant a person could seek refuge in a church from law enforcement, and while a person was sheltered in a church, the person could not be apprehended by law enforcement. No modern legal counterpart exists in the U.S. today.

The meaning of sanctuary in the United States has also changed over the years. Some faith communities concealed undocumented immigrants from immigration enforcement agencies in the 1980s, and that work was called sanctuary. Today, some cities are calling themselves sanctuary cities to mean they will not use their own resources to do the federal executive branch’s job of enforcing immigration laws where undocumented immigrants have not otherwise violated the law. And some faith communities are using the term “sanctuary” to describe how they minister to immigrant communities. This ranges from being a faith community who is welcoming to all, regardless of immigration status, to providing undocumented immigrants with deportation orders a place to live on church property. Faith communities also may differ in the immigrant communities they are serving. Some faith communities offer services to persons who have some type of status— folks who have been processed by ICE and are awaiting a hearing but do not have a deportation order. Some faith communities offer services to immigrants who are refugees, and some are offering services to persons who are completely outside the system. The definition of sanctuary and the communities churches are serving can vary widely, and that can affect a faith community’s legal risk.

Can churches provide legal Protection to undocumented immigrants?

No. No law prohibits immigration enforcement actions, or any other law enforcement actions, from taking place in a house of worship. Undocumented immigrants are some of the most vulnerable members of our population. Churches must take care and ensure congregation members and those who are being served by the church’s ministries do not believe the church can provide legal protection to undocumented immigrants.

What does the law say about helping undocumented immigrants?

Some forms of assistance to undocumented immigrants are illegal. It is a federal felony for an organization or an individual to bring an undocumented immigrant into the United States; conceal, harbor, shield from detection, or transport an undocumented immigrant; or encourage an undocumented immigrant to remain in the United States. Violating these laws, conspiring to violate them, or aiding and abetting the violation of the laws carries prison terms and fines. While these statutes cover a potentially broad range of behavior, currently no case holds that simply providing food or shelter to an undocumented immigrant “encourages” that person to remain in the United States. Recent case law holds the “encouragement” provision prohibits intentional solicitation and the facilitation of unlawful acts; it is does not apply to speech unless the speech is integral to unlawful conduct. If churches have questions about how the immigration laws may apply to their ministries, now is the time to seek guidance from an immigration attorney.

What is the legal risk for faith communities ministering to migrants?

Legal risk depends on the activities in which the church is engaging and should be assessed with a lawyer. While churches have rarely been prosecuted for violating these laws, the legal landscape is changing and the current political climate is focused on immigration in an unprecedented way. It is not responsible to rely solely upon past practices to accurately assess current risk.

The highest-risk activities for Local Churches are bringing undocumented immigrants into the United States; offering shelter or housing to undocumented immigrants while concealing them from law enforcement; and transporting undocumented immigrants in a way that prevents their existence or whereabouts from being discovered.

It is a lower risk for Local Churches to minister to people regardless of their immigration status or citizenship, including providing food and housing to those in need without inquiring about document status. Welcome all to your faith community without asking about immigration status, race, ethnicity, sexual orientation, or gender identity. Your Local Church can host legal service clinics, refer community members to social service organizations, and work with government agencies to serve immigrants who have already been processed by the government. Acts of public witness in support of immigration reform are also powerful.

My Local Church is newly called to minister to undocumented immigrants- what should we know?

First, determine who in your community is already doing this work and how your church may be able to assist. There are many experienced organizations, including churches, already engaged, who can tell you what the needs are and share wisdom about how to meet those needs in a way that best serves those to whom you are ministering. Avoid being a newcomer organization that causes unwelcome attention, from the government or otherwise, to the ministry. You may want to consult national organizations like Church World Service. There are many experienced regional organizations as well including your regional office of the ACLU. Now is not the time to do it alone.

ICE at Churches

Local Churches concerned about ICE showing up at their church to conduct an immigration enforcement action should make a plan NOW. The plan should include training workers/volunteers who are likely to be at the church, and analyzing the church’s private and public areas, as ICE cannot go into the private areas of a church without a judicial warrant. Local Churches should hire a local immigrant advocacy group to train workers and volunteers on how to respond to ICE. If your church is not aware of any such organization, start with your local ACLU for help. Also, identify and consult with an immigration attorney who can be called by church workers or volunteers if ICE shows up. Be sure the attorney’s number is known to church workers and volunteers.

ICE must have a judicial warrant to enter private spaces of a church. You may ask to see the warrant before allowing ICE in. A judicial warrant is issued by a court and signed by a judge and describes the location than can be entered with the warrant. It is different from administrative warrants that may be issued by ICE or another federal agency with the name of an individual to be arrested. Your church can refuse to allow ICE access to private areas of the church without a judicial warrant. Whether an area of a church is public or private is going to depend on how that area of the church is used and whether the church has a reasonable expectation of privacy in that area. A church lobby is likely public; a church office that cannot be entered without a church employee may be private. It will differ from church to church. While putting “private” signs on private spaces is a good idea to inform others these are private spaces, marking an otherwise public area with a “private” sign is not going to transform the area from public to private when ICE shows up.

No one at your church is required to talk to ICE, give ICE agents any information, or say anything about anyone’s immigration status. You should call your church’s immigration attorney before speaking with ICE.

Additional Resources

• ACLU Sanctuary Congregations and Harboring FAQ
• National Immigration Law Center: What to Do if Immigration Comes to Your Workplace
• National Immigration Law Center: Factsheet: Trump’s Rescission of Protected Areas Policies Undermines Safety for All (with specific recommendations for churches)
• United Church of Christ: Immigrant Welcoming Churches

The information provided in this article is not legal advice.  If you need legal advice, please consult with an attorney.