It was well established policy of both the past Trump administration and previous administrations of both parties, that immigration officers would not enter “sensitive” locations such as churches, schools or hospitals to make arrests. This was considered basic human decency because children, worshipers and the sick might otherwise be placed in fear. The Trump Administration has now revoked this policy on “safe spaces.” What follows is a legal introduction for churches to consider. It is neither legally exhaustive, nor should it be considered official legal advice, but perhaps it may be a good starting point for churches and their boards to consider. What I present now are the generalized contours of the law. Please consult attorneys of your church or denomination for deeper understanding of the specific situation of your church community. For those that may be wondering about my qualifications to speak on this matter, I am a graduate of the Berkeley School of Law.
It is important to speak on this topic because the goal of the changed policy is to stoke fear and terror in immigrant communities. The fact of the matter is that the vast majority of churches will not be subject to targeted arrests. Nevertheless, it is best practice to have a plan in place.
An understanding of the basic legal issues involved can calm fears. According to the Fourth Amendment of the Constitution, immigration enforcement officers cannot enter a “private” area without a judicial warrant. Note that a “judicial warrant” is different from the usual type of administrative warrant that ICE officers typically have. A judicial warrant can be granted only by a federal judge following a special procedure. Most times, ICE officers do not have a judicial warrant and so can only enter “public” areas of churches, schools and hospitals—unless they are given permission. In a church, sanctuaries and parking lots are typically considered public because members of the general public can enter these areas freely. Church offices,however, are generally considered private. Check with your church board to see what areas are designated private or public on your church campus. Also, consult a denominational attorney to come up with a specific plan which is best for your church. And know that you can always deny access to a private area of your church if an ICE officer does not have a judicial warrant. You can always tell them that they need to speak with the senior pastor and church attorney.
Be careful because ICE often pretends that their administrative warrant gives them permission to enter constitutionally protected spaces, or may attempt to get you to unknowingly give them permission. This happens frequently at homes. Without a judicial warrant they cannot enter a private home or other private space.
Let’s not give into fear. Let’s share equal concern, suffer with, and give greater honor to our immigrant sisters and brothers in whom we see the face of Christ. As sacred Scripture admonishes us:
“But God has put the body together, giving greater honor to the parts that lacked it, 25 so that there should be no division in the body, but that its parts should have equal concern for each other. 26 If one part suffers, every part suffers with it; if one part is honored, every part rejoices with it.” 1 Corinthians 12: 24-26.