A coalition of American churches, including Episcopal, Presbyterian, and Mennonite congregations, have taken legal action in a bid to keep places of worship sacred from immigration arrests.
The 26 plaintiffs appeared before the US Court of Appeals for the D.C. Circuit on 5th February, arguing that the Trump administration's removal of “sensitive locations” protections has deterred worshippers. The protections, which previously shielded churches, schools, and hospitals from immigration enforcement operations, were rescinded last year, prompting a lawsuit against the Department of Homeland Security.
The appeal cannot challenge the merits of the policy itself, but instead focuses on whether the churches face a credible threat and are entitled to preliminary protection while their lawsuit is heard. A district judge previously ruled that the plaintiffs had not demonstrated a “credible threat” that would warrant an injunction.
Kelsi Corkran, the plaintiffs’ lawyer, told the court: “Right now, the missing congregants are missing out on one of the most important things of their faith practice, which is being able to engage in group prayer, group worship, communion.”
Michael Talent, representing the Department of Homeland Security, argued that their concerns were merely "abstract," and anticipated only "probable future harm,” so did not justify legal action.
However, the Episcopal Church gave examples of how its congregations have been impacted by ICE's crackdown. These included local officials parking outside services and attempting to arrest undocumented congregants leaving the church. At another congregation, federal agents appeared outside its food bank, photographing those in line. According to the Episcopal News Service, several congregations have resorted to stationing members at their church doors to watch for immigration agents.
If the appeals court rules that the churches have standing, the case will return to the district court for further arguments.