Responding to ICE in places of worship
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Disclaimer: This is not legal advice and does not establish an attorney-client relationship between the reader and World Relief.
Preparing for a possible ICE enforcement action
Areas of a church where all are welcome, such as worship spaces and lobbies, would generally permit entry to anyone, including law enforcement. Immigrants should be prepared to exercise their rights (see “What rights do non-citizens have?” in World Relief’s Immigrant Resource Hub) if questioned by Immigration and Customs Enforcement (ICE) in one of these areas. ICE will still need consent or a judicial warrant¹ to enter private areas (such as staff offices) within these spaces to conduct a search or arrest.
Some congregants may not be comfortable coming to worship services during this time of increased immigration enforcement. You may want to consider alternatives such as offering virtual services or smaller in-home gatherings.
¹ For an example of a judicial warrant versus an administrative (ICE) warrant, see this resource at pages 14-15 (judicial warrant), page 16 (administrative warrant), and pages 21-22 (comparison of both types). An administrative warrant is NOT sufficient for search or arrest in a private space.
- Host a Know Your Rights (KYR) presentation that includes an attorney or Department of Justice Accredited Representative.
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- If the presentation is in person, take precautions not to promote the time and location of your KYR event publicly.
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- If the presentation is virtual, do not make a recording if individuals’ names or faces appear on the screen.
- Have resources readily available for your staff and congregants. Print out resources in multiple languages, such as those listed on the U.S. Immigrant Resource Hub under “What rights do non-citizens have?”
- Consider hosting an Emergency Preparedness workshop (in person or virtually) where congregants can fill out paperwork to plan for a possible arrest of themself or a household member.²
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- If possible, invite an attorney licensed in your state who can provide guidance on guardianship, power of attorney documents, or other processes that may be needed for arranging childcare in the case of a parent’s arrest.
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- See Know Your Rights section above for precautions if hosting a workshop.
² For links to resources, visit the U.S. Immigrant Resource Hub under “How can my family and I prepare for increased immigration enforcement?”
Do not allow a staff member or volunteer to provide legal advice or assist with preparing immigration forms³ on behalf of your church unless the practitioner has a valid law license or Department of Justice Accreditation and is covered by your church’s legal professional insurance policy. Even well-intentioned efforts by an unqualified congregant to assist someone with an immigration-related form can result in harm to the immigrant, potential civil and criminal charges, and reputational damage to your church.
³ The “practice of law” varies from state to state, and federal regulations address immigration law practice specifically. Generally, the “practice of law” includes preparing or filing documents or applications on behalf of someone, exercising professional judgment to the facts of a case, giving legal advice, preparing legal papers, and/or holding oneself out as being capable of providing legal advice. For more information, see state-specific information at Unauthorized Practice of Immigration Law (UPIL): A State-by-State Overview of Legal Mechanisms to Combat these Deceptive Practices (CLINIC and AILA) and relevant federal regulations at 8 C.F.R. §§ 1.2, 292.1, 1292.1.
- Consider marking all church offices as “private,” “staff only,” or “authorized personnel only.” Proper signage can help limit the possibility of ICE entering your offices and questioning staff or congregants.
- Ensure that all staff and volunteers are trained on how to respond to an ICE officer attempting to enter a private space.
- Ensure that your written policies and procedures regarding visitors and entry into private spaces are up-to-date and consistently applied.
What to do in an ICE encounter
- ICE can access this area. Remain calm. If you encourage congregants to rush to the exits, such actions could establish probable cause to arrest individuals.
- If ICE approaches someone, they can exercise their rights (see above for resources).
- Do not open the door
- Alert your supervisor as soon as possible
- Ask the officer which agency he or she represents
- Request to see the officer’s credentials, and record this information (name/badge number) in a safe place
- Politely but firmly request to see a judicial warrant – request that the officer either slides it underneath the door or holds it up to a window in the door
- If the officer provides you with a document, stay calm, take a deep breath, and read carefully to evaluate whether it is actually a judicial warrant:
- A judicial warrant is issued by a state or federal court and signed by a judge. It does not say U.S. Department of Homeland Security and is not signed by an immigration officer.
- A judicial warrant is only valid for entry if it lists your church's address and the exact location to be searched and/or the name of the person(s) to be arrested.
- ICE usually does not have a judicial warrant. If they show you any document other than a judicial warrant, it is not valid for entry into the private space.
- If someone is arrested, ask them if you can contact anyone on their behalf, such as a loved one.
Take detailed notes as soon as possible, including:
- The time
- What was said by whom
- The names of the officers and how many were present
- What the officers were wearing
- Who they came to arrest
- Whether the officers made people believe they could not leave
- Whether anyone was mistreated by the officers
Send your notes to church leadership.
Church leadership should report the incident to any local immigrant rights coalitions that are tracking immigration enforcement actions.
If ICE violated civil rights, church leadership should determine, in consultation with experienced legal counsel, whether to pursue any complaints or legal actions on behalf of the church.
- If you are able to offer funding for legal assistance and/or bond payment to secure a congregant’s release from ICE custody, ensure that congregants know who to contact for that assistance.
- Reach out to the individual’s family members or friends to offer pastoral care.
- Have a plan for how you will collectively debrief ICE arrests in your community, and especially in your church building.
- Ensure that your church’s leadership understands the laws that impact your church if you attempt to block an ICE enforcement activity. If your church has designated itself a “sanctuary” for undocumented individuals or has taken certain actions to protect them, you should be aware of potential legal implications. “Sanctuary” does not have a firm definition, but in this context it generally involves offering shelter, certain types of assistance, or protection to people at risk of arrest by ICE. There is a federal criminal law against “harboring” of undocumented immigrants⁴, as well as any applicable state or local laws. There may also be legal protections under the federal Religious Freedom Reform Act (RFRA) and similar state laws. Experienced legal counsel is required to assist you in determining these risks and possible defenses your church can make in relation to an allegation of “harboring.”
- If you decide to make a video recording of any ICE activity at your church, ensure that you are familiar with your state’s laws regarding whether consent of the parties is needed and whether there are special parameters around recording law enforcement officers. Generally, recording in a public area with your recording device visible (not hidden), is permissible.
- If you receive a subpoena⁵ or an informal request from a government agency for information, consult your legal counsel.
⁴ 8 USC 1324(a) For analysis, see What is Section 1324? Understanding the Smuggling/Harboring Federal Crime (NIPNLG, 2024); ACLU Sanctuary Congregations and Harboring FAQ (ACLU, 2017), and Harboring : An Overview of the Law (CLINIC, 2013).
⁵ National Immigration Law Center offers this resource about subpoenas with examples at pages 17-18.
For guidance and legal advice specific to your congregation, consult your general counsel or specialized outside legal counsel.