Retraction of Immigration Sanctuary Policies

What it Means for Your Ministry

(Sample Policy for Immigration Enforcement Encounter included)

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.

Understanding the Policy Change

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.

Implications for Ministries

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 churches 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 § 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.

Risk Management Considerations

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)

Workforce Documentation: ICE raids may highlight workforce documentation issues, including I-9 form compliance. Ministries should consider conducting internal audits of I-9 records to identify and rectify discrepancies, reducing the risk of penalties for non-compliance.

Sanctuary Cities/States: 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.

Steps Churches and Ministries Can Take if ICE Appears on Their Property

1. Create an Immigration Enforcement Encounter Policy: Develop a policy to guide your ministry through potential encounters with immigration enforcement personnel and run the policy past a local attorney for review and refinement.
2. Establish a response team. Form a dedicated team, train an existing team, or appoint an individual within your church or ministry trained to handle such situations. This team or individual should be knowledgeable about the legal rights of the organization and its participants or congregants and should be prepared to interact with law enforcement.
3. Request that ICE agents minimize disruption. Politely ask ICE agents to allow any ongoing activities or worship services to finish before proceeding with enforcement actions. If no activities are currently happening, request that they conduct their actions with minimal disruption to the premises. This helps maintain order and minimizes distress among those present.
4. Document the incident. Ensure the designated response team or individual documents the incident thoroughly, including taking detailed notes and recording interactions with ICE agents. This documentation is crucial for legal purposes and for providing accurate information to participants, congregants, and the public.
5. Communicate clearly. Keep participants or congregants informed about the organization’s policies and procedures regarding interactions with law enforcement. Clear communication builds trust and ensures everyone knows what to expect.
6. Consult a local attorney. Contact a local immigration attorney to understand how recent policy changes may affect your church or ministry. Legal counsel can provide tailored guidance and help ensure compliance with all relevant laws.

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 at Legal Assist

Posted January 2025. Updated February 10, 2025.

^*Important information: Brotherhood Mutual is pleased to provide Legal Assist^SM as a complimentary resource. The services offered through Legal Assist are intended to provide general legal information to our current and prospective policyholders. Accordingly, no attorney/client relationship is created through this process, and no legal advice will be provided.

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.

Creating an Immigration Enforcement Encounter Policy

Although ministries can hold a range of perspectives on immigration issues, reflecting their theological, legal, and community priorities, it can be prudent to adopt a formal policy to navigate the ministry’s approach to immigration matters.

The following sample policy seeks to guide ministries in balancing their efforts to serve and care for their communities while respecting applicable immigration laws.

Ministries are strongly encouraged to seek legal counsel to review and tailor this policy to their specific circumstances before implementation.

Sample Policy Language
Immigration Enforcement Encounter Policy

Purpose and Scope

[Ministry Name] seeks to foster a safe and welcoming environment for staff, volunteers, and all community members while upholding its legal responsibilities. This Immigration Enforcement Encounter Policy outlines procedures for interactions with Immigration and Customs Enforcement, Customs and Border Protection, or other law enforcement personnel conducting immigration enforcement activities on ministry property (collectively, “Immigration Enforcement Personnel”). It aims to ensure that [Ministry Name’s] responses are unified, lawful, and respectful.

Background: Public vs. Private Spaces

Under the Fourth Amendment to the U.S. Constitution, ministry properties can include both public and private areas.

• Public areas: Public areas are spaces such as the main sanctuary during services, reception areas, or other places generally open to the public. Immigration Enforcement Personnel may generally access these areas without a warrant or consent.
• Private areas: Private areas include restricted spaces such as staff offices, enclosed meeting rooms, and storage areas. Immigration Enforcement Personnel generally need a valid judicial warrant or consent to enter these areas, absent pressing or emergency circumstances.

Establishing clear distinctions between public and private spaces helps ensure all interactions with Immigration Enforcement Personnel comply with legal requirements.

Procedures

Procedures for interacting with Immigration Enforcement Personnel at [Ministry Name] are divided into three critical phases: preparation, encounter, and post-encounter.

1. Preparing for Encounters with Immigration Enforcement Personnel

• Signage: Consistent signage will clearly define public and private areas to reduce confusion during enforcement actions. Signs should include language such as “Private Area: Authorized Personnel Only” for restricted spaces and “Public Area: Open to All Visitors” for common areas. Design elements, such as bold lettering and contrasting colors, will be used to enhance visibility and comprehension. All ministry signage will be periodically reviewed to make sure it is working well in achieving its intended purpose and to make sure it is clearly visible.
• Team Designation: A response team will be designated to manage encounters with Immigration Enforcement Personnel effectively. This team serves as the first line of response during any immigration enforcement action. A current safety team may be designated to fulfill these response responsibilities.
• Training: The designated response team will undergo regular training sessions focused on interacting with Immigration Enforcement Personnel, verifying warrants, and monitoring and documenting encounters. These sessions will be conducted regularly to ensure sustained readiness and proficiency.
  • Instruction: The ministry will undergo training led by qualified instructors who have expertise in immigration law and risk management. External legal counsel or subject matter experts may also be involved in providing specialized insights and ensuring that the training reflects the latest legal standards and best practices for interacting with Immigration Enforcement Personnel. The materials used for training will include detailed scenarios and examples to ensure thorough preparation and emphasize de-escalation techniques to promote a peaceful response.
  • Caution: During training and beyond training, ministry personnel, including those on the response team, will be reminded that aiding and abetting undocumented immigrants may constitute a serious offense that could result in legal consequences. [Ministry name] does not condone or support the intentional obstruction of or interference with law enforcement personnel as such personnel perform their lawful duties.
• Community Awareness: [Ministry name] plans to educate the congregation, community members, and participants about this policy and the rights of those affected by it. This may be achieved through informational sessions or by distributing written materials.

2. During an Encounter with Immigration Enforcement Personnel

• Remain Calm: To prevent unnecessary escalation, all ministry personnel should remain calm and composed. Actions that could threaten or cause harm to persons or property are to be avoided. Staff and volunteers who are not members of the response team should refrain from directly engaging with Immigration Enforcement Personnel or answering any questions. Instead, they should refer these personnel to a representative of the designated response team or seek further guidance from ministry leadership if a response team representative is unavailable.
• Verify Identity: A response team member should politely request identifying information from Immigration Enforcement Personnel. Acceptable forms of identification include names, badge numbers, and any supporting documentation that verifies their status and the purpose of their visit. All communications with Immigration Enforcement Personnel should be courteous and professional.
• Review the Warrant: If Immigration Enforcement Personnel present a warrant, a response team member should verify that it is signed by a judge or magistrate, lists the address and scope of the search, and was issued within the last 14 days. Legal counsel should be consulted immediately if there is any uncertainty about the warrant’s validity. If a valid judicial warrant is presented, response team members should fully comply with the Immigration Enforcement Personnel’s search and grant access to the specified areas, including private spaces.
• Monitor the Encounter: Response team members should actively monitor and document all encounters with Immigration Enforcement Personnel. This monitoring may include a combination of visual observation and video monitoring, which will be needed to document the encounter effectively.
• Request an Enforcement Delay if Warranted: If a worship service or ministry activity is ongoing, a response team member should politely request that Immigration Enforcement Personnel delay their enforcement actions until the activity concludes. This request should be made respectfully, and the Immigration Enforcement Personnel’s response should be documented.
• Limit Access: [Ministry Name] does not permit searches of private areas without a valid judicial warrant. If Immigration Enforcement Personnel do not present a valid warrant or the warrant is limited in scope, the response team should inform the Immigration Enforcement Personnel that they are restricted to public areas only. Response team members should accompany Immigration Enforcement Personnel during their search to ensure that, absent a warrant granting the Immigration Enforcement Personnel access to private areas, they remain within public areas and do not exceed the warrant's scope.
  • Reminder: Immigration Enforcement Personnel have a legal right to access public areas without a warrant.
• Document the Encounter: Detailed documentation of the encounter is essential. Throughout the interaction, response team members should take thorough notes to ensure an accurate record of events. Response team members may take video recordings of interactions with Immigration Enforcement Personnel, provided they announce their intention to do so in advance. If video is recorded, the videographer should work with ministry leadership on which cloud platform to save a copy of the video so they have access to it and can store or download it for safekeeping. If the ministry premises have fixed video recording equipment, any footage captured during the enforcement action should be kept as part of the documentation. After the encounter concludes, a comprehensive written report should be completed as soon as practical. This report should include the names and identifying information of the Immigration Enforcement Personnel involved, the names of response team members present, the scope of the warrant (if any), a narrative summary of what transpired, and any other relevant facts. To ensure accuracy and completeness, a designated team member should take responsibility for overseeing all aspects of the documentation process.

3. Post-Encounter Evaluation and Improvement

• Debriefing: Within 10 days of the encounter, the designated response team should review in detail what took place during the encounter, focusing on compliance with the policy, the effectiveness of the response, and areas for improvement.
  • Review: Specific aspects to be reviewed include warrant verification procedures, communication with Immigration Enforcement Personnel, adherence to access limitations, and the quality of documentation produced. Feedback from all participants involved in the encounter should be solicited to ensure a comprehensive assessment.
  • Recommendations: Recommendations from the debrief should be documented and incorporated into future training sessions and policy updates to enhance preparedness and compliance.
  • Report: A formal debrief report should be prepared and shared with ministry leadership.
• Storage & Confidentiality: All notes, recordings, and other related materials should be securely stored for reference and, if necessary, legal review. Access to these materials should be limited to authorized personnel to protect the confidentiality of those involved in the encounter.
• [OPTIONAL] Support Services: [Ministry Name] may provide support services for affected individuals, such as counseling and emotional support, to individuals and families affected by Immigration Enforcement Personnel’s operations.
• Policy Updates: Policies and training procedures should be updated as necessary based on the encounter and recommendations from legal counsel. [Ministry Name] should promptly communicate any policy changes to all affected ministry personnel, including the response team.

Posted February 28, 2025.
This is a sample policy only. Your organization is responsible for compliance with all applicable laws. Accordingly, this document should not be used or adopted by your organization without first being reviewed and approved by a licensed attorney in your area. Brotherhood Mutual assumes no liability in the preparation and distribution of this sample document.

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