Churches, synagogues win appeal in fight over immigration raids at churches, houses of worship
An appeals court panel has ruled in favor of several churches and other faith groups suing the Trump administration over its policy allowing immigration raids at houses of worship.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 on Tuesday, reversing a district court's refusal to grant a preliminary injunction to churches and other faith groups.
At issue is the Trump administration’s decision to rescind an Obama-era policy limiting raids at “sensitive” locations, such as houses of worship and schools.
Judge Florence Y. Pan, a Biden appointee, wrote in the majority opinion that the religious groups “likely have standing to bring their claims challenging” the current policy. The groups brought claims under the First Amendment, the federal Religious Freedom Restoration Act and the Administrative Procedure Act.
“Plaintiffs’ members likely face imminent harm from increased enforcement at their houses of worship; that harm is traceable to the new enforcement policy; and the relief requested will likely redress their injury, at least in part,” wrote Pan.
“We therefore reverse the district court’s denial of plaintiffs’ motion for a preliminary injunction and remand for further consideration of that motion.”
The groups asked for a preliminary injunction, a court order that would block the policy while the case moves forward.
Pan also wrote that the plaintiffs had “direct evidence that the government intends to increase immigration enforcement at sensitive locations,” including their congregations.
“The government has done the opposite of ‘disavowing any intention of’ taking enforcement action at or near plaintiffs’ members’ houses of worship,” she continued.
“Instead, it announced a plan to ramp up enforcement, and that initiative has already begun: Plaintiffs point to several specific examples of the government engaging in enforcement activity at or near their members’ houses of worship.”
Judge Neomi Rao, a Trump appointee, wrote a dissent, arguing that the plaintiffs “ultimately offer only speculation that restoring policy guidance from a previous administration will change the enforcement practices of this one.”
“It is purely speculative that returning to the policies set forth in the Mayorkas Memo will either reduce enforcement activity near plaintiffs’ places of worship or reverse attendance declines at those places,” Rao added.
“Because plaintiffs have failed to demonstrate any predictable consequences from reinstatement of the Memo, the injunction they seek will not redress their alleged injuries.”
In January 2025, the Department of Homeland Security (DHS) announced the rescinding of a policy, first enacted in 2011 during the Obama administration, that limited immigration enforcement in “sensitive” areas, such as schools and churches. The policy was expanded in 2021 during the Biden administration.
“This action empowers the brave men and women in CBP and ICE to enforce our immigration laws and catch criminal aliens — including murders and rapists — who have illegally come into our country,” DHS said.
“Criminals will no longer be able to hide in America’s schools and churches to avoid arrest. The Trump Administration will not tie the hands of our brave law enforcement, and instead trusts them to use common sense.”
Shortly after the change was announced, 27 religious organizations, including Christian and Jewish denominations and conferences, filed a joint complaint seeking to restore the old policy.
Plaintiffs included Mennonite Church USA, the African Methodist Episcopal Zion Church, the Church of the Brethren, The Episcopal Church, the Disciples of Christ, the General Assembly of the Presbyterian Church (U.S.A.) and multiple regional bodies of the United Church of Christ and the United Methodist Church.
Other plaintiffs included the Latino Christian National Network, the Central Conference of American Rabbis, the North Carolina Council of Churches, the Union for Reform Judaism, the Unitarian Universalist Association and the United Synagogue of Conservative Judaism.
Named defendants included DHS, then-Homeland Security Secretary Kristi Noem, U.S. Customs and Border Protection, then-acting CBP Commissioner Pete Flores, U.S. Immigration and Customs Enforcement and then-acting ICE Director Caleb Vitello.
