Fourth Circuit Upholds Injunction on Immigration Arrests at Houses of Worship

• The Fourth Circuit upheld an injunction blocking immigration officials from enforcing a new policy on discretionary arrests near houses of worship.
• The decision affects groups such as Quakers, Sikhs, and Cooperative Baptists who argued that the threat of arrest or harassment has made some members fearful of attending worship services.
• The ruling maintains the prior guidelines for immigration enforcement actions near houses of worship established in 2021 under Joe Biden's administration.
• The plaintiffs claimed that the new policy likely violates their rights under the Religious Freedom Restoration Act and their First Amendment right to expressive association.

This is an important victory for religious liberty,

A federal judge in Maryland granted an injunction blocking immigration officials from enforcing a new policy that allows for discretionary arrests near houses of worship, citing potential violations of the Religious Freedom Restoration Act and First Amendment rights. The ruling affects groups such as Quakers, Sikhs, and Cooperative Baptists, who argued that the threat of arrest or harassment by federal agents has made some members fearful of attending worship services. This decision maintains the prior guidelines for immigration enforcement actions near houses of worship, which were established in 2021 under Joe Biden's administration. The Fourth Circuit upheld this ruling on Tuesday, affirming the lower court's decision.

The new policy, announced in January 2025 by then-acting Secretary of Homeland Security Benjamine Huffman, instructed immigration officials to use discretion and common sense when deciding whether to conduct enforcement actions in sensitive areas. However, this approach was seen as a departure from the previous guidelines, which required agents to seek approval before taking an enforcement action near a house of worship except in exceptional circumstances. The plaintiffs argued that the new policy likely violates their rights under the Religious Freedom Restoration Act and their First Amendment right to expressive association. In its appeal, the government focused on the issue of standing, arguing that the groups lacked sufficient evidence to prove the impact of the Huffman memorandum on attendance at their services.

This ruling has significant implications for lawyers and compliance officers who advise clients or organizations operating near houses of worship. The decision maintains the prior guidelines, which may affect operations in sensitive areas. Furthermore, it highlights the ongoing debate around immigration enforcement policies and their impact on religious communities. As one Quaker leader noted, 'Our Quaker form of worship, in which all ministry emerges from the congregation, is strengthened by the presence of immigrants and threatened by the prospect of ICE raids.' The ruling underscores the importance of balancing national security concerns with individual rights and freedoms.

Lawyers and compliance officers should be aware that this ruling maintains the prior guidelines for immigration enforcement actions near houses of worship, which may impact their clients' or organizations' operations in sensitive areas.

Source: Original reporting via Courthouse News Service