The recent rescission of federal directives designating churches and schools as safe sanctuaries for undocumented immigrants could have significant implications for faith communities across the United States. This federal policy change, which began in January 2025, permits Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) agents to conduct enforcement actions in places of worship, schools, and other previously protected areas. Read on for a better understanding of what ministry leaders should know and guidance on how to respond effectively.
Previously, Department of Homeland Security (DHS) guidelines restricted ICE and CBP from conducting enforcement actions in “sensitive locations” such as churches, schools, and hospitals. The retraction of these guidelines means that ICE and CBP agents are now authorized to conduct various enforcement actions in these areas within constitutional limits. These actions include arrests, civil apprehensions, searches, inspections, seizures, service of charging documents or subpoenas, interviews, and immigration enforcement surveillance.
Increased Risk of Enforcement Actions
Churches and other previously designated sensitive locations may now experience more frequent ICE and CBP presence and enforcement activities on their premises. While such incidents within church and school buildings are expected to remain rare, the policy change could still increase fear and anxiety among some congregants, students, employees, and their families.
Legal Consequences of Harboring Undocumented Immigrants
Under U.S. law, harboring undocumented immigrants can be a felony-level crime. According to 8 U.S. Code ยง 1324, anyone who knowingly harbors, conceals, or shields an undocumented immigrant from detection may face penalties, including fines and imprisonment. General violations can result in up to 5 years in prison, while violations involving serious bodily injury or life endangerment can lead to up to 20 years. Ministry organizations should be aware of these legal risks and ensure they are not inadvertently violating federal laws while providing support to undocumented individuals.
From a risk management perspective, ministry organizations and their leaders should be careful to avoid obstructing law enforcement. Obstructing ICE or CBP agents can lead to legal consequences, such as charges of harboring or obstructing justice, as well as potential reputational harm and financial liability.
Reporting Obligations: While individuals are generally not required to report undocumented immigrants, certain entities, such as employers, must verify employee immigration status under laws like the Immigration Reform and Control Act (IRCA). Keep in mind that some jurisdictions, often referred to as “sanctuary” cities or states, limit cooperation with federal immigration enforcement. For example, California has laws that restrict local law enforcement from using resources to aid federal immigration enforcement efforts.
Workforce Documentation: ICE raids may highlight workforce documentation issues, including I-9 form compliance. Churches should consider conducting internal audits of I-9 records to identify and rectify discrepancies, reducing the risk of penalties for non-compliance.
The retraction of sanctuary policies presents new challenges for churches and other ministry organizations. By staying informed, developing strategic response plans, and adhering to risk management principles, Christian ministries can navigate these changes while continuing to support their communities in a lawful and ethical manner.
Contact Brotherhood Mutual’s Legal Assist team for further risk management guidance.
Posted January 2025. Updated February 10, 2025.
*Important information: Brotherhood Mutual is pleased to provide Legal Assist as a complimentary resource. The services we offer through Legal Assist are intended to provide general legal information to our current and prospective policyholders.
The information we provide is intended to be helpful, but it does not constitute legal advice and is not a substitute for the advice from a licensed attorney in your area. Accordingly, no attorney/client relationship is created through this process, and no legal advice will be provided. We strongly encourage you to regularly consult with a local attorney as part of your risk management program.
