Federal appeals court upholds ban on ICE raids at churches
A federal appeals court panel has reaffirmed a block on a U.S. Immigration and Customs Enforcement (ICE) policy that allows agents to conduct raids at houses of worship, schools and other community locations.
In a decision released Wednesday, a three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously upheld a lower court decision in favor of a coalition of multiple Quaker meeting groups, a Sikh Temple and a Cooperative Baptist congregation.
The organizations sued the U.S. Department of Homeland Security (DHS) over the January 2025 rescission of a policy enacted during the Obama administration that prohibited immigration law enforcement operations in "sensitive" locations.
Senior Circuit Judge Barbara Milano Keenan, an Obama appointee, authored the panel opinion, which will keep a temporary block on the policy being imposed on the plaintiffs.
“Based on the evidence before the district court, it reasonably can be predicted that many immigrants will decide not to attend the plaintiffs’ houses of worship because of the new policy,” wrote Keenan.
“We also hold that the district court did not abuse its discretion in concluding that the plaintiffs are likely to succeed on the merits of their [Religious Freedom Restoration Act] claim, because the plaintiffs adequately demonstrated that DHS’s new policy substantially burdens their religious exercise.”
Circuit Judge Steven Agee, a George W. Bush appointee, authored a concurring opinion, noting that DHS “never explained why” the policy “presents the least restrictive means of advancing its interests under present conditions.”
“DHS abdicated its burden of proof at a crucial juncture of the merits analysis,” Agee added. “Today’s decision stems directly from the record that the plaintiffs marshaled and left untouched by DHS. As observed at oral argument, ‘It’s very hard to win a case without evidence or legal argument.’”
Democracy Forward, a progressive legal group that represented the houses of worship, issued a statement on Wednesday celebrating the appeals court panel decision.
The press release included a statement from the coalition of faith groups, in which they declared that “every person should be able to gather, worship, pray, and serve their community without fear that immigration enforcement will unlawfully disrupt sacred spaces.”
“The Trump-Vance administration’s policy threatened that longstanding tradition by forcing congregations to choose between fulfilling their religious mission and protecting members of their communities,” they stated.
“We are grateful that the court has preserved these protections while this case moves forward, and we will continue fighting to ensure that religious freedom remains meaningful for every congregation and every person who walks through our doors.”
The agency defended the policy in a January 2025 statement, saying that "[c]riminals 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," the DHS statement reads.
"The Biden-Harris Administration abused the humanitarian parole program to indiscriminately allow 1.5 million migrants to enter our country. This was all stopped on day one of the Trump Administration. This action will return the humanitarian parole program to its original purpose of looking at migrants on a case-by-case basis."
The policy has been the subject of multiple lawsuits, with many brought by churches and mainline Protestant denominations that argue it violates their religious liberty.
In February 2025, Judge Theodore Chuang of the U.S. District Court for the District of Maryland ruled in favor of the faith groups, barring the Trump administration from enforcing the policy at any houses of worship tied to the plaintiffs while the case is adjudicated.
