Guidance for and Immigration Enforcement at Places of Worship

Understanding Immigration Enforcement

Navigating the complexities of immigration enforcement can be challenging for both individuals and communities. Places of worship often serve as vital centers of support and sanctuary. It’s important to be informed about current immigration laws and how they might impact your congregants.

While immigration laws are federal, enforcement can occur at various levels. Understanding the scope of enforcement activities and the rights of individuals is crucial for places of worship to effectively support their communities.

Rights of Places of Worship

Places of worship hold a special place in society and used to generally be considered sensitive locations by immigration enforcement agencies. This meant that enforcement actions were typically avoided within these locations, unless there were exigent circumstances or other specific legal requirements. Understanding your rights as a place of worship allows you to better protect your sacred space and those who seek refuge within it. Having a clear understanding of these protections can help in situations where immigration officials may be present.

Frequently Asked Questions

Do places of worship have to enforce immigration laws?

No, absolutely not. Places of worship are not obligated to enforce immigration laws, nor can they be forced to do so. Your focus is on faith and community, not immigration enforcement.

Can immigration officials come into my place of worship without a warrant?

Officials like ICE agents can enter areas of your church or place of worship that are open to the public, just like any other member of the public. However, they cannot enter private spaces, like offices or residential areas within the building, without a physical copy of a warrant signed by a federal judge.

It’s really a good idea for places of worship to clearly mark which areas are public and which are private. Getting some legal advice on how to do this effectively is highly recommended. Simple things like clear signs indicating private areas or having security staff check visitors in at main entrances can help make this distinction clear.

Can an immigration agent go into a non-public part of a place of worship?

No, they cannot, unless they have a valid judicial warrant. It’s crucial that any such warrant be reviewed and confirmed by legal counsel before allowing entry. It’s important to understand that a deportation order or an arrest order is not the same as a judicial warrant and does not grant officials permission to enter private areas. Learn more about Judicial Warrants here.

What should we do if a judicial warrant is shown?

Before taking any action, it is essential for your staff to consult with legal counsel. Speak with and obtain the contact information of legal counsel to have on hand in the event ICE does show up.

If a police officer or ICE agent comes into the congregation and starts asking questions, do I have to talk to them?

You are not required to answer any questions they ask. It’s best to seek advice from a lawyer before speaking with any law enforcement authorities. You are also not obligated to share any information about anyone’s immigration status. If you are living and breathing in the U.S., you will have the right to remain silent when coming into contact with any law enforcment including ICE.

Always remember your rights. You have the right to

  • demand to see a judicial warrant;
  • remain silent;
  • contact an attorney;
  • inform others that they have the right to remain silent, the right to not sign any document, and the right to contact an attorney;
  • not consent to any searches;
  • not discuss anything or information about anyone; and
  • not let anyone to remain in your public space after you have requested they leave, and if they do not leave, then call the police to report trespassing.

Can immigration officials wait outside or near a place of worship?

Yes, they can be present outside or near your building. If you notice ICE agents or other officials nearby, you can have a designated, well-prepared staff member go outside to confirm their identity. It is the law that any law enforcement identify themselves especially when asked to. If they confirm they are immigration agents, that person can come back inside to remind people of their rights or help prepare if the agents attempt to enter.

If a faith group publicly declares its place of worship a “sanctuary” for immigrants, does that offer any extra legal protection to the congregation or the immigrants?

Unfortunately, no. The idea of “sanctuary” within a place of worship isn’t legally recognized by federal law and doesn’t protect congregation members from potential prosecution.

Are there any risks if a faith group publicly says it’s a “sanctuary” for immigrants?

It’s not a simple yes or no. Just making the declaration probably won’t lead to prosecution on its own, but it could potentially draw the attention of the government. What’s really important is that most courts have ruled that the federal laws against harboring and transporting immigrants require proof of “intent.” (Learn more about Understanding the Harboring/Smuggling Federal Crime (National Immigration Project)). This means that to get a conviction, the prosecution usually has to demonstrate that the person or organization providing shelter or transportation intended to help the undocumented immigrant remain in the United States unlawfully. Learn more about sanctuary policies on ILRC’s fact sheet and ACLU’s Sanctuary congregations and harboring FAQs .

Recommendations for Places of Worship

  • Prepare and implement an internal policy to protect congregants from immigration enforcement.
    • To ensure everyone is on the same page, our internal policies should address the following:
      • A written statement outlining designated private areas within our facilities.
      • Standard procedures for engaging with immigration agents, which includes guidelines for responding to law enforcement inquiries.
      • The appointment of a qualified individual or a representative from an immigration advocacy organization to serve as a liaison in the event of interactions with ICE agents occurring off-site or in the vicinity of the property.
    • Sensitive locations toolkit (El Centro de la Raza)
  • Adopting a policy of nondiscrimination at your place of worship and of welcoming and helping persons in need.

For more immigration resources, check out our immigration resources collection.

The above information does not constitute legal advice and is intended only for educational purposes. Please consult with an attorney to better understand your specific legal rights.