Key facts
- A U.S. appeals court upheld an order limiting federal immigration enforcement at eight houses of worship.
- The court ruled that the Trump administration's policy likely violates the Religious Freedom Restoration Act.
- The policy change by the Trump administration rescinded a prior guideline that protected places of worship.
- The DHS stated that while it does not target places of worship, arrests may occur if a felon flees into one for public safety reasons.
- The ruling focused on the Religious Freedom Restoration Act, not First Amendment claims.
A U.S. appeals court has upheld a previous order that restricts federal immigration enforcement activities at eight houses of worship belonging to Quaker, Sikh, and Cooperative Baptist Fellowship traditions. The 4th U.S. Circuit Court of Appeals determined that the policy implemented by the Trump administration likely violates the Religious Freedom Restoration Act, as it could impede religious activities at these sites.
The Trump administration had argued that its policy did not prevent worship or ministry services and that immigrants would not be deterred from attending religious services. However, the court, in an opinion written by Judge Barbara Milano Keenan, noted the Department of Homeland Security's (DHS) stated intention to target houses of worship in future enforcement actions, citing a spokesperson's comment about preventing individuals from hiding in churches to avoid arrest.
Keenan emphasized that DHS's statements made the threat of immigration enforcement at these houses of worship "real and substantial," particularly for organizations that welcome immigrant worshippers and are located near immigrant communities. Judges Pamela Harris and G. Steven Agee concurred with the opinion.
Skye Perryman, representing the plaintiffs through the liberal legal group Democracy Forward, stated that the ruling reaffirms that the administration cannot force people of faith to abandon their ministries or worship under the threat of enforcement. A DHS spokesperson maintained that U.S. Immigration and Customs Enforcement does not target places of worship but acknowledged that arrests might occur if a felon were to flee into one for public safety.
The Trump administration had reversed a 2021 policy from the Biden administration that limited immigration enforcement in "protected areas," including places of worship. The eight houses of worship subsequently sued, contending that the new policy infringed upon their religious exercise rights under the Religious Freedom Restoration Act and the First Amendment by discouraging attendance and hindering their ministry to immigrant communities. A U.S. District Judge had previously granted a preliminary injunction in February 2026, requiring DHS to follow the earlier 2021 guidelines. The 4th Circuit's ruling specifically addressed the Religious Freedom Restoration Act claims, opting not to rule on the First Amendment issues. Judge Agee noted in a concurring opinion that the injunction's scope was limited to the plaintiff organizations and did not affect other sensitive locations like shelters and hospitals.