Court Revives Church Lawsuit Over ICE Arrests at Worship
A federal appeals court ruled in October 2026 that 27 religious organizations can continue their lawsuit challenging ICE enforcement operations at churches and other houses of worship. The U.S. Court of Appeals for the D.C. Circuit reversed a lower court decision that had blocked the case from moving forward. For undocumented immigrants who rely on faith communities for shelter, food, or legal aid, the outcome of this lawsuit could determine whether those spaces remain safe from ICE arrests.
A federal appeals court reversed a lower court ruling in October 2026, allowing a coalition of 27 religious organizations to continue their lawsuit against the Department of Homeland Security over ICE arrests at churches, mosques, and synagogues. The U.S. Court of Appeals for the D.C. Circuit found that the lower court was wrong to dismiss the case on standing grounds — meaning the religious groups do have the legal right to sue.
What changed — and why it matters for immigrants
For more than 30 years, the U.S. government kept a "Sensitive Locations Policy" that told immigration officers to avoid making arrests at houses of worship. That policy ended on January 20, 2025, when then-Acting DHS Secretary Benjamine Huffman signed a memo rescinding it. The new rules tell ICE supervisors to approve enforcement operations "at or near" churches and other religious sites on a case-by-case basis, with no firm limits on their discretion. A follow-up memo from then-Acting ICE Director Caleb Vitello confirmed there would be no "bright line rules" protecting these locations.
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The 27 plaintiffs — including the General Assembly of the Presbyterian Church U.S.A., the Union for Reform Judaism, the Latino Christian National Network, and the Rabbinical Assembly — represent millions of worshippers across Baptist, Catholic, Mennonite, Quaker, Jewish, Methodist, and other faith communities. Every plaintiff stated that at least one of its member congregations provides support to undocumented immigrants, either as congregation members or through charitable services like food pantries and legal aid. The organizations argued the new policy violates the Religious Freedom Restoration Act, the First Amendment, and the Administrative Procedure Act (a law requiring federal agencies to explain major policy changes with reasoned justification).
Circuit Judge Pan wrote the majority opinion reversing the district court's denial of a preliminary injunction — a court order that would have temporarily blocked ICE from conducting enforcement operations at houses of worship without a judicial warrant or emergency circumstances. Circuit Judge Rao filed a dissent. The case now returns to the lower court, where the religious groups will continue to press for that injunction.
What to do
- If you attend religious services and are undocumented or in removal proceedings (the formal legal process to deport someone), know that ICE can now legally enter or operate near your place of worship — this lawsuit has not yet resulted in a court order blocking that.
- If ICE approaches you at or near a church or other religious site, you have the right to remain silent. Do not sign any documents without speaking to an immigration lawyer first.
- Ask your congregation whether it has a "know your rights" plan or a rapid-response network in place — many faith communities have organized these since early 2025.
- If you are in removal proceedings, contact an immigration lawyer immediately to discuss your options, including whether you qualify for asylum, a work permit (EAD), or other forms of relief.
A full breakdown of this topic — in our guide “Your Rights During an ICE Encounter”.
Fishkin Law Firm, New York
The D.C. Circuit's decision restores the plaintiffs' ability to seek a preliminary injunction — which, if granted, would temporarily bar ICE from conducting enforcement operations at houses of worship without a warrant or genuine emergency. Until that injunction is actually issued by the lower court, the current DHS policy remains in effect and ICE retains discretion to operate at or near religious sites. Anyone who is undocumented and regularly present at a house of worship should document their ties to the congregation and consult an immigration attorney about protective options, including asylum or other forms of relief that could reduce their deportation risk.
Frequently Asked Questions
Can ICE arrest me at my church right now?
Yes. The old policy that protected houses of worship was rescinded in January 2025. The October 2026 court ruling allows a lawsuit challenging that change to continue, but it has not yet resulted in a court order blocking ICE operations at religious sites. ICE supervisors can currently approve arrests at or near churches on a case-by-case basis.
What rights do I have if ICE approaches me at a place of worship?
You have the right to remain silent. You do not have to answer questions about your immigration status. Do not sign any documents without first speaking to an immigration lawyer. If you are detained, you have the right to contact an attorney.
What is the Religious Freedom Restoration Act and how does it apply here?
The Religious Freedom Restoration Act (RFRA) is a federal law that bars the government from substantially burdening a person's religious practice unless it has a compelling reason and uses the least restrictive means possible. The religious organizations in this lawsuit argue that allowing ICE arrests at houses of worship forces congregation members to stay away from services — which burdens their religious practice in violation of RFRA.
What happens next in this case?
The case returns to the U.S. District Court for the District of Columbia. The 27 religious organizations will ask that court to issue a preliminary injunction — a temporary court order that would block ICE from conducting enforcement operations at houses of worship without a judicial warrant or emergency circumstances. No such order is in place yet.