Faith Groups Challenge ICE’s Church Enforcement Policy in Federal Lawsuit
In a separate development, a coalition of religious organizations has filed a federal lawsuit against the U.S. Department of Homeland Security (DHS) and its Secretary, Kristi Noem, challenging a January 2025 directive that rescinded protections against Immigration and Customs Enforcement (ICE) actions near “sensitive locations” such as churches and schools. The plaintiffs, including the New England Synod, Greater Milwaukee Synod, Southwest California Synod, Southwestern Texas Synod, and Sierra Pacific Synod of the Evangelical Lutheran Church in America (ELCA), along with the San Francisco Friends Meeting, Pacific Yearly Meeting, and North Pacific Yearly Meeting of the Religious Society of Friends, American Baptist Churches USA, Alliance of Baptists, and Metropolitan Community Churches, argue that the policy violates constitutional and statutory protections, including the First Amendment and the Religious Freedom Restoration Act.
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The lawsuit comes amid reports from CBN News highlighting the human impact of these policies. In Maryland, Pastor Daniel Fuentes Espinal, a 54-year-old father of three who has led a small Hispanic congregation since 2015, was arrested by ICE agents last week. He is currently detained at Winn Correctional Center in Winn Parish, Louisiana, where he awaits a hearing before an immigration judge to request bond. Despite his detention, Espinal has been preaching to fellow detainees, demonstrating resilience. “He’s a remarkably resilient man, and for all of the trauma that he has been subjected to and the stress that’s been inflicted upon him and on his family, he is upbeat and his spirits are good,” Len Foxwell, a spokesperson for the family, told Maryland Matters. A GoFundMe has been organized for the family of Espinal with $45,500 raised of its $50K goal from 568 donations.
DHS defends the directive, with Assistant Secretary Tricia McLaughlin stating it allows officers to exercise “discretion” with secondary supervisor approval for actions in sensitive locations, emphasizing that such operations would be “extremely rare.” DHS argues that the policy enables law enforcement to target criminals who “hide in schools and churches,” a stance echoed by a department spokesperson who claimed the Biden-era policy unduly restricted ICE’s ability to operate.
However, the plaintiffs contend that the directive has disrupted religious freedom by deterring worshippers from practicing their faith. Bishop Paul Erickson of the Greater Milwaukee Synod stated, “This decision to revoke the sensitive locations policy has had a dramatic impact on our ability to express and do the work that God calls us to do.” Similar sentiments were expressed by other synods, which reported reduced community engagement due to fears of ICE presence.
The lawsuit’s outcome remains uncertain, as a prior challenge by Wisconsin-based faith groups was denied in February 2025 by a D.C. district court, which found insufficient evidence linking attendance declines solely to the policy change. The current case, backed by a broader coalition, seeks to restore protections and ensure houses of worship remain safe spaces for all congregants, regardless of immigration status.
