Five Quaker [7] groups filed a lawsuit [8] Jan. 26 to stop immigration agents from conducting raids on houses of worship. The complaint alleges that the new Department of Homeland Security (DHS) policy that allows Immigration & Customs Enforcement (ICE) officers to conduct searches and arrests at schools and religious institutions violates the First Amendment to the US Constitution.
The lawsuit claims that the new policy has forced certain congregations to cancel worship services due to fear of ICE enforcement. On the first week of the new policy's implementation, a church in Georgia said it had to lock its doors to prevent ICE agents from conducting an arrest [9] in the middle of a service. Pacifism is an integral component of Quaker beliefs, and the lawsuit asserts that the possible presence of armed agents in Quaker meeting houses is a fundamental violation of "a founding principle of their faith."
The lawsuit alleges that the new DHS policy is contrary to the Religious Freedom Restoration Act [12] and the Administrative Procedure Act. The Religious Freedom Restoration Act prohibits [13] the federal government "from substantially burdening a person's exercise of religion even if the burden results from a rule of general applicability," unless the burden "furthers a compelling governmental interest and is the least restrictive means of furthering that compelling governmental interest." For the current policy to survive this legal challenge, DHS must prove that there is no alternate less intrusive way of implementing its immigration policy.
Since 2021, formal DHS policy [14] had prohibited ICE agents from conducting searches and arrests at schools, religious institutions, funerals, or religious ceremonies due to the risk of certain religious denominations being targeted by authorities. The new DHS policy guidelines [15] on "Enforcement Actions in or Near Protected Areas," released Jan. 20, only state that ICE agents "should continue to use...discretion along with a healthy dose of common sense" in conducting such raids. ICE agents who spoke to Fox News [16] said they believe that the new policy "is going to free them up to go after more illegal immigrants."
The new policy comes amid the Trump administration's unprecedented crackdown [17] on immigration. Trump signed several [18] new executive orders related to immigration during his first week in office, including orders seeking [19] to end birthright citizenship, suspending [20] refugee admissions, and declaring an emergency [21] at the southern border.
From JURIST [22], Jan. 28. Used with permission.
