Are places of worship required to enforce immigration laws?
- No. Places of worship are not required and cannot be forced to enforce immigration laws.
Can immigration officials enter my house of worship without a warrant?
- ICE agents and others may enter the public spaces of a church or other place of worship without a warrant, but not private areas.
- If an ICE agent or other law enforcement officer wants to enter those private spaces, they must present a hard copy of a warrant signed by a federal judge.
- It is strongly recommended that places of worship identify and distinguish (ideally with legal advice) their private spaces from their public ones, if any. This can be done by placing signs identifying private areas, or by placing security guards tasked with signing in visitors at main entrances.
What if a judicial warrant is presented?
- Staff should consult with legal counsel before taking any action.
Can an immigration agent access a non-public area in a place of worship?
- No. Only if they have a valid judicial warrant, which should be reviewed and validated by legal counsel before decisions about access are made.
- A deportation order or arrest order is not the same as a judicial warrant and does not permit an agent to enter.
Am I required to talk to a police officer or ICE agent if they enter the congregation and ask questions?
- No. You are not required to answer any questions and you should seek advice from a lawyer before answering any questions from law enforcement authorities. You are not required to tell them anything about anyone’s immigration status.
Can immigration officials be stationed outside or near a place of worship?
- Yes. If there are ICE agents outside or near your establishment, you can send a designated, well-trained staff member outside to ascertain the identity of the individuals. If they are able to confirm that they are immigration agents, that person can reenter and remind people of their rights or prepare should the agents attempt to gain entry.
If a faith group publicly declares its place of worship as a “sanctuary” for immigrants, can that provide any additional legal protection to the congregation or to immigrants?
- No. The concept of “sanctuary” in a place of worship is not recognized by federal law and it provides no protection from prosecution for members of the congregation.
Are there any risks that could result if a faith group makes a public declaration as a “sanctuary” for immigrants?
- It depends. A declaration itself probably would not justify a prosecution, but it may put the congregation on the government’s radar.
- Importantly, most courts have found the federal harboring and transporting statutes have an “intent” requirement, which means that to convict someone, the prosecutor must prove that the person or organization providing shelter to or transporting an undocumented immigrant intended to help the immigrant to remain unlawfully in the United States.