Lawsuit Says ICE Arrests on Church Property Are Unconstitutional

More than a dozen faith-based groups are suing the Department of Homeland Security (DHS) and DHS Secretary Kristi Noem over the agency’s policy to conduct immigration raids in “sensitive locations,” including houses of worship.

In January, the Trump administration rescinded a Biden-era federal policy that barred immigration raids at or around “sensitive locations.” Since then, there have been numerous reports of ICE raids and arrests at previously prohibited locations, such as schools, health care facilities, and houses of worship.

“By unjustifiably and substantially burdening Plaintiffs’ religious exercise and chilling their First Amendment right of expressive association, Defendants’ new policy violates the First Amendment and the Religious Freedom Restoration Act,” the suit says.

Churches have seen a drop in attendance and financial support, as many people fear attending in-person services, according to the complaint which was filed in the U.S. District Court for the District of Massachusetts Central Division. To help protect their members, churches “have gone underground to protect their parishioners, eschewing in-person meetings central to their faith,” the complaint says.

“Baptisms that previously would have been occasions for communal worship and celebration are now being held in private,” the complaint says. “Families are making hard choices about which parent gets to practice their religion communally and which stays home, so that their children have at least one caregiver should the other be detained at Sunday service.”

Churches have also canceled programming that serves immigrants “who are now too fearful to attend.” A congregation in Southwest California cancelled its Vacation Bible School because they feared ICE agents would raid the church, according to the complaint.

These fears have proven warranted. Earlier this year, in Everson, Washington, federal agents surrounded a family in their church parking lot as they were leaving Sunday services, and pulled the father out of the car. They considered abducting his 21-year-old son as well, but ultimately decided not to.

A month ago in Downey, California, federal agents detained a man who was dropping his granddaughter off at a church’s school. That same day, also in Downey, a group of armed, masked agents arrested a man outside a church. When a pastor yelled instructions to the man, an agent pointed his rifle at her.

Another pastor reportedly told the agents they were on church property. An agent replied, “The whole country is our property.”