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By Billal Rahman
Immigration Reporter
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A group of Quaker congregations has filed a lawsuit against the Department of Homeland Security (DHS) over a policy change by Donald Trump designed to make it easier for Immigration and Customs Enforcement agents to locate and remove illegal immigrants.
The new U.S. president changed the law to allow ICE agents to conduct operations in "sensitive locations," including houses of worship, playgrounds, schools and hospitals, without prior approval from their supervisors, which was previously required.
Why It Matters
The Trump administration is seeking to crack down on illegal immigration. The president made immigration a central theme of his successful campaign for office, and Americans largely support his mass deportation plans.
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A *New York Times/*Ipsos poll, carried out from January 2 to 10, found 55 percent of voters strongly or somewhat supported such plans. Eighty-eight percent supported "deporting immigrants who are here illegally and have criminal records." Large majorities of Democrats and Republicans agreed that the immigration system is broken.
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What to Know
The lawsuit, filed in federal district court in Maryland on Monday, claims that: "The very threat of that [immigration] enforcement deters congregants from attending services, especially members of immigrant communities," and asserts that going to religious services is fundamental to the "guarantee of religious liberty."
Faith leaders, lawmakers and state educators have opposed the policy change, but the lawsuit appears to be the first from a faith-based organization challenging it in court.
In a statement, a DHS spokesperson said: "Criminals will no longer be able to hide in America's schools and churches to avoid arrest."
The policy that is being overturned, initially established in 2011 by then-Director John Morton, required ICE agents to obtain prior approval before making arrests in sensitive locations. It remained in effect during Trump's previous administration and continued under Joe Biden's leadership.
Under the guidelines, ICE agents were allowed to operate in sensitive locations only in specific circumstances. These included addressing national security or terrorism threats, apprehending dangerous felons, preventing imminent risks of death or injury, or preserving evidence critical to a criminal investigation.
Before conducting arrests in these areas, agents were required to obtain authorization from their superiors.
The lawsuit states that the policy protecting "sensitive locations" from immigration enforcement without prior approval dates back to the early 1990s. Its purpose was to allow undocumented individuals to move freely in specific public spaces, under the belief that this would benefit both them and the broader community. For instance, it aimed to ensure children could attend school during the day and sick people could visit hospitals without the threat of deportation.
Newsweek recently interviewed a pastor who had held discussions with the then-incoming Trump administration. Speaking on condition of anonymity, he said: "The incoming administration's policy on sensitive locations like churches, schools and hospitals is focused exclusively on those involved in criminal activity.
"We're talking about gang members, rapists, murderers, pedophiles—people who are causing real harm."
What People Are Saying
Skye Perryman, president and CEO of Democracy Forward, which is representing the Quaker groups in court, said in a statement: "A week ago today, President Trump swore an oath to defend the Constitution and yet today religious institutions that have existed since the 1600s in our country are having to go to court to challenge what is a violation of every individual's constitutional right to worship and associate freely.
"The troubling nature of the policy goes beyond just houses of worship with sanctuary programs—it is that ICE could enter religious and sacred spaces whenever it wants."
What Happens Next
If the lawsuit is successful, the policy change could be reversed, and the protections for sensitive locations could be reinstated, requiring ICE agents to obtain prior approval before conducting operations in places like schools, hospitals and houses of worship.
On the other hand, if the court upholds the policy change, ICE will have more freedom to conduct operations in these areas, which could significantly alter the dynamics of religious and immigrant communities.
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